Assembly Bill A8944

2019-2020 Legislative Session

Relates to securing orders for principals charged with hate crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A8944 (ACTIVE) - Details

See Senate Version of this Bill:
S7111
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: A2603, S7250
2023-2024: A209
2025-2026: A151

2019-A8944 (ACTIVE) - Summary

Includes hate crimes as a qualifying offense for the purposes of a court's determination to 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.

2019-A8944 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8944
 
                           I N  A S S E M B L Y
 
                              January 2, 2020
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred 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
 of the penal law or aggravated criminal contempt as defined  in  section
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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