Assembly Bill A9576

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9576
 
                           I N  A S S E M B L Y
 
                             January 24, 2020
                                ___________
 
 Introduced by M. of A. BYRNES -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to allowing
   judges more options for when to impose bail or commit the principal to
   the custody of the sheriff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs  (a),  (h) and (i) of subdivision 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:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the  penal law or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law];
   (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
   (J) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY.
   § 2. Subparagraphs (i), (viii) and (ix) of paragraph (b)  of  subdivi-
 sion  1  of  section 530.20 of the criminal procedure law, as amended by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14046-02-9

 A. 9576                             2
 
 section 16 of part JJJ of chapter 59 of the laws of  2019,  are  amended
 and a new subparagraph (x) is added to read as follows:
   (i) a felony enumerated in section 70.02 of the penal law[, other than
 burglary  in  the second degree as defined in subdivision two of section
 140.25 of the penal law or robbery in the second degree  as  defined  in
 subdivision one of section 160.10 of the penal law];
   (viii)  criminal  contempt in the second degree as defined in subdivi-
 sion 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]
   (ix)  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
   (X) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY.
   § 3. Paragraphs (a), (h) and (i) of subdivision 4 of section 530.40 of
 the  criminal procedure law, as added by section 18 of part JJJ of chap-
 ter 59 of the laws of 2019, are amended and a new paragraph (j) is added
 to read as follows:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the  penal law or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law];
   (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
   (J) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a  law  provided,  however,
 that  if part JJJ of chapter 59 of the laws of 2019 shall not have taken
 effect on or before such date then this act shall  take  effect  on  the
 same  date  and in the same manner as part JJJ of chapter 59 of the laws
 of 2019 takes effect.