Assembly Bill A8502A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8502--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced  by M. of A. STERN, GRIFFIN, NORRIS, THIELE, BARNWELL -- read
   once and referred to the Committee on  Codes  --  recommitted  to  the
   Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend the criminal procedure law, in relation to qualifying
   offenses for pre-trial detention
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (d), (e), (f), (g), (h) and (i) of subdivi-
 sion  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
 seven new paragraphs (d-1), (j), (k), (l), (m), (n) and (o) are 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] ASSAULT IN THE THIRD
 DEGREE AS DEFINED IN SECTION 120.00 OF THE PENAL LAW,  RECKLESS  ASSAULT
 OF  A CHILD BY A CHILD DAY CARE PROVIDER AS DEFINED IN SECTION 120.01 OF
 THE PENAL LAW,  AGGRAVATED  VEHICULAR  ASSAULT  AS  DEFINED  IN  SECTION
 120.04-A  OF  THE  PENAL LAW, AGGRAVATED ASSAULT UPON A PERSON LESS THAN
 ELEVEN YEARS OLD AS DEFINED IN SECTION 120.12 OF THE PENAL LAW, STALKING
 IN THE FOURTH DEGREE AS DEFINED IN SECTION  120.45  OF  THE  PENAL  LAW,
 STALKING  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.50 OF THE PENAL
 LAW, STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55  OF  THE
 PENAL  LAW, STALKING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.60 OF
 THE PENAL LAW, CRIMINALLY  NEGLIGENT  HOMICIDE  AS  DEFINED  IN  SECTION
 125.10  OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS
 DEFINED IN SECTION 125.12 OF THE PENAL LAW,  VEHICULAR  MANSLAUGHTER  IN
 THE  FIRST  DEGREE AS DEFINED BY SECTION 125.13 OF THE PENAL LAW, AGGRA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13220-15-0

 A. 8502--A                          2
 
 VATED VEHICULAR HOMICIDE AS DEFINED IN SECTION 125.14 OF THE PENAL  LAW,
 MANSLAUGHTER  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 125.15 OF THE
 PENAL LAW, UNLAWFUL IMPRISONMENT IN  THE  FIRST  DEGREE  AS  DEFINED  IN
 SECTION 135.10 OF THE PENAL LAW, COERCION IN THE FIRST DEGREE AS DEFINED
 IN  SECTION  135.65  OF  THE  PENAL LAW, BURGLARY IN THE THIRD DEGREE AS
 DEFINED IN SECTION 140.20 OF THE PENAL LAW, ARSON IN THE  FOURTH  DEGREE
 AS DEFINED IN SECTION 150.05 OF THE PENAL LAW, ARSON IN THE THIRD DEGREE
 AS  DEFINED  IN  SECTION  150.10  OF THE PENAL LAW, GRAND LARCENY IN THE
 FIRST DEGREE AS DEFINED IN SECTION 155.42 OF THE PENAL LAW,  ROBBERY  IN
 THE THIRD DEGREE AS DEFINED IN SECTION 160.05 OF THE PENAL LAW, CRIMINAL
 POSSESSION  OF A WEAPON ON SCHOOL GROUNDS AS DEFINED IN SECTION 265.01-A
 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF  A  FIREARM  AS  DEFINED  IN
 SECTION 265.01-B OF THE PENAL LAW;
   (d)  a  class A felony defined in the penal law, other than in article
 two hundred twenty of such law with the exception of [section]  SECTIONS
 220.18, 220.21, 220.41, 220.43, 220.44 AND 220.77 of such law;
   (D-1)  USE  OF  A  CHILD  TO  COMMIT A CONTROLLED SUBSTANCE OFFENSE AS
 DEFINED IN SECTION 220.28 OF THE  PENAL  LAW  AND  CRIMINAL  SALE  OF  A
 CONTROLLED  SUBSTANCE  TO  A  CHILD  AS DEFINED IN SECTION 220.48 OF THE
 PENAL LAW;
   (e) a felony sex offense defined in section 70.80 of the penal law  or
 a  crime involving incest as defined in section 255.25, 255.26 or 255.27
 of such law, PROMOTING PROSTITUTION IN THE FIRST DEGREE  AS  DEFINED  IN
 SECTION  230.32  OF THE PENAL LAW, COMPELLING PROSTITUTION AS DEFINED IN
 SECTION 230.33 OF THE PENAL LAW or a misdemeanor defined in article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law, CRIMINAL SOLICITATION  IN  THE
 FIRST  DEGREE  AS DEFINED IN SECTION 100.13 OF THE PENAL LAW OR CRIMINAL
 FACILITATION IN THE FIRST DEGREE AS DEFINED IN  SECTION  115.08  OF  THE
 PENAL LAW;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE FOURTH DEGREE
 AS DEFINED IN SECTION 470.21 OF  THE  PENAL  LAW,  MONEY  LAUNDERING  IN
 SUPPORT OF TERRORISM IN THE THIRD DEGREE AS DEFINED IN SECTION 470.22 OF
 THE PENAL LAW, or a felony crime of terrorism as defined in article four
 hundred  ninety  of  the  penal  law[,  other  than the crime defined in
 section 490.20 of such 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) PROSTITUTION IN A SCHOOL ZONE AS DEFINED IN SECTION 230.03 OF  THE
 PENAL LAW, PROMOTING PROSTITUTION IN A SCHOOL ZONE AS DEFINED IN SECTION
 230.19  OF  THE  PENAL LAW, facilitating a sexual performance by a child
 with a controlled substance or alcohol as defined in section  263.30  of

 A. 8502--A                          3
 
 the  penal  law,  use  of  a child in a sexual performance as defined in
 section 263.05 of the penal law, PATRONIZING A PERSON  FOR  PROSTITUTION
 IN  A SCHOOL ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW, PROMOT-
 ING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD AS DEFINED IN SECTION
 263.10 OF THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE  BY  A
 CHILD  AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, PROMOTING A SEXUAL
 PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF  THE  PENAL  LAW,
 POSSESSING  A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.16
 OF THE PENAL LAW, FAILURE TO REGISTER AS A SEX OFFENDER  AS  DEFINED  IN
 SECTION  168-T  OF  THE  CORRECTION  LAW or luring a child as defined in
 subdivision one of section 120.70 of the penal law[.];
   (J) OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE  SECOND  DEGREE  AS
 DEFINED IN SECTION 195.05 OF THE PENAL LAW, KILLING OR INJURING A POLICE
 ANIMAL  AS  DEFINED IN SECTION 195.06 OF THE PENAL LAW, KILLING A POLICE
 WORK DOG OR POLICE WORK HORSE AS DEFINED  IN  SECTION  195.06-A  OF  THE
 PENAL  LAW,  OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE FIRST DEGREE
 AS DEFINED IN SECTION 195.07, OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY
 MEANS OF A SELF-DEFENSE SPRAY  DEVICE  AS  DEFINED  IN  SECTION  195.08,
 BRIBERY  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 200.04 OF THE PENAL
 LAW, BRIBE RECEIVING IN THE FIRST DEGREE AS DEFINED IN SECTION 200.12 OF
 THE PENAL LAW, BRIBE GIVING FOR PUBLIC  OFFICE  AS  DEFINED  IN  SECTION
 200.45  OF  THE  PENAL  LAW,  PROMOTING  PRISON CONTRABAND IN THE SECOND
 DEGREE AS DEFINED IN SECTION 205.20 OF THE PENAL LAW,  PROMOTING  PRISON
 CONTRABAND IN THE FIRST DEGREE AS DEFINED IN SECTION 205.25 OF THE PENAL
 LAW,  RESISTING  ARREST  AS  DEFINED IN SECTION 205.30 OF THE PENAL LAW,
 HINDERING PROSECUTION IN THE FIRST DEGREE AS DEFINED IN  SECTION  205.65
 OF  THE PENAL LAW, TAMPERING WITH A JUROR IN THE FIRST DEGREE AS DEFINED
 IN SECTION 215.25 OF THE PENAL LAW OR TAMPERING WITH  PHYSICAL  EVIDENCE
 AS DEFINED IN SECTION 215.40 OF THE PENAL LAW;
   (K) PUBLIC SENSIBILITIES AND THE RIGHT TO PRIVACY INCLUDING AGGRAVATED
 HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 240.31 OF THE PENAL
 LAW  OR  DIRECTING A LASER AT AN AIRCRAFT IN THE FIRST DEGREE AS DEFINED
 IN SECTION 240.77 OF THE PENAL LAW;
   (L) CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN
 SECTION 265.01 OF THE PENAL LAW, CRIMINAL SALE OF A FIREARM TO  A  MINOR
 AS  DEFINED  IN  SECTION  265.16  OF THE PENAL LAW, CRIMINAL PURCHASE OR
 DISPOSAL OF A WEAPON AS DEFINED IN SECTION 265.17 OF THE PENAL  LAW,  OR
 AGGRAVATED  CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN SECTION 265.19
 OF THE PENAL LAW;
   (M) ENTERPRISE CORRUPTION AS DEFINED IN SECTION 460.20  OF  THE  PENAL
 LAW OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION 470.20
 OF THE PENAL LAW;
   (N)  AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW, OVERDRIVING, TORTURING
 AND INJURING ANIMALS, FAILURE TO PROVIDE PROPER SUSTENANCE AS DEFINED IN
 SECTION THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW, OR
 ANIMAL FIGHTING AS DEFINED IN SECTION THREE  HUNDRED  FIFTY-ONE  OF  THE
 AGRICULTURE AND MARKETS LAW; OR
   (O) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW.
   § 2. This act shall take effect immediately.