assembly Bill A9564

2019-2020 Legislative Session

Relates to adding certain offenses committed by a family member to the list of crimes qualifying for bail

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2020 referred to codes

Co-Sponsors

A9564 (ACTIVE) - Details

See Senate Version of this Bill:
S6839
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2021-2022 Legislative Session:
A2616, S3842

A9564 (ACTIVE) - Summary

Adds certain offenses committed by a family member to the list of crimes qualifying for bail.

A9564 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9564

                          I N  A S S E M B L Y

                            January 24, 2020
                               ___________

Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the  criminal  procedure  law,  in  relation  to  adding
  certain  offenses  committed  by a family member to the list of crimes
  qualifying for bail

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph and paragraphs (h) and (i) of subdi-
vision 4 of section 510.10 of the criminal procedure law,  as  added  by
section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and
a new paragraph (j) is added to read as follows:
  Where  the  principal  stands  charged  with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or, where the  defendant  is  charged
with  a qualifying offense [which is a felony], the court may commit the
principal to the custody of the sheriff. A principal stands charged with
a qualifying offense for the purposes of this subdivision when he or she
stands charged with:
  (h) criminal contempt in the second degree as defined  in  subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
the penal law or aggravated criminal  contempt  as  defined  in  section
215.52 of the penal law, and the underlying allegation of such charge of
criminal  contempt  in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated  a
duly served order of protection where the protected party is a member of
the  defendant's  same family or household as defined in subdivision one
of section 530.11 of this article; [or]
  (i) facilitating a sexual performance by a  child  with  a  controlled
substance  or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05  of  the
penal  law  or  luring  a child as defined in subdivision one of section
120.70 of the penal law[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets