The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD14608-01-9

A. 8944                             2

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.