S T A T E O F N E W Y O R K
________________________________________________________________________
7111
I N S E N A T E
(PREFILED)
January 8, 2020
___________
Introduced by Sen. GOUNARDES -- 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 securing
orders for principals charged with hate crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (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 to read as follows:
(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 INVOLVING A HATE CRIME UNDER SECTION 485.05 OF THE PENAL
LAW.
§ 2. Subparagraphs (viii) and (ix) of paragraph (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 to read as
follows:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14608-01-9
S. 7111 2
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 INVOLVING A HATE CRIME UNDER SECTION 485.05 OF THE PENAL
LAW.
§ 3. 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 to read as follows:
(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 INVOLVING A HATE CRIME UNDER SECTION 485.05 OF THE PENAL
LAW.
§ 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.