Senate Bill S7106

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7106
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  ensuring
   repeat offenders qualify for bail and pre-trial detention
 
   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] TITLE;
   (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
                       [ ] is old law to be omitted.
                                                            LBD14189-01-9

 S. 7106                             2
 
   (J)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   §  2. The opening paragraph and subparagraphs (viii) and (ix) of para-
 graph (b) of subdivision 1 of section 530.20 of the  criminal  procedure
 law,  as  added  by  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:
   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. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (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  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 3. The opening paragraph and paragraphs (h) and (i) of subdivision 4
 of section 530.40 of the criminal procedure law, as added by section  18
 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. The court shall explain its
 choice of release, release with conditions, bail or remand on the record
 or in writing. 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

 S. 7106                             3
 
 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  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 4. 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.