NY State Senate Bill S6407C

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (8)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2020	print number 6407c
Jan 10, 2020	amend and recommit to codes
Jan 08, 2020	referred to codes
Nov 22, 2019	print number 6407b
Nov 22, 2019	amend and recommit to rules
Jun 12, 2019	print number 6407a
Jun 12, 2019	amend and recommit to rules
Jun 07, 2019	referred to rules

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S6407 - Details

See Assembly Version of this Bill:: A8502
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §510.10, CP L

S6407 - Summary

Relates to qualifying offenses for pre-trial detention.

S6407 - Sponsor Memo

 
BILL NUMBER: S6407

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to qualifying offenses for pre-trial detention

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide judges with additional discretion in determining whether a
criminal defendant should be held in custody or be required to post bail
or bond as a condition of pre-trial release.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraphs a, d, e, f, g, h and i of subdivision 4 of
section 510.10 of the criminal procedure law and adds six new paragraphs
d-1, j, k, 1, m, and n, in relation to adding to the list of qualifying
offenses for which a judge would have discretion to require a criminal
defendant to post bail or bond as a condition of pre-trial release.

Paragraph a, which provides that violent felony offenses shall be

considered qualifying offenses, is amended to also include all catego-
ries of burglary in the second degree and robbery in the second degree,
assault in the third degree, aggravated vehicular assault, aggravated
assault upon a person less than eleven years old, criminally negligent
homicide, aggravated vehicular homicide, manslaughter in the second
degree, unlawful imprisonment in the first degree, coercion in the first
degree, arson in the third and fourth degree, grand larceny in the first
degree, criminal possession of a weapon on school grounds, or criminal
possession of a firearm.

Paragraph d, which provides that A felonies shall be considered qualify-
ing offenses, is amended to provide that high level drug crimes shall
also be considered qualifying offenses. These A felony drug offenses
include criminal possession of a controlled substance in the first and
second degree, criminal sale of a controlled substance in the first and
second degree, and criminal sale of a controlled substance in or near
school grounds.

A new paragraph d-1 is added, to include as a qualifying offense,
certain felony drug offenses involving the use of children including use
of a child to commit a controlled substance offense and criminal sale of
a controlled substance to a child.

Paragraph e, which provides that felony sex crimes and certain incest
crimes are qualifying offenses, is amended to include promoting prosti-
tution in the first degree and compelling prostitution as qualifying
offenses.

Paragraph f, which provides that certain conspiracy crimes are qualify-
ing offenses is amended to include criminal solicitation in the first
degree and criminal facilitation in the first degree as qualifying
offenses.

Paragraph g, which provides that certain terrorism crimes are qualifying
offenses is amended to include as a qualifying offense the crimes of
money laundering in support of terrorism in the third and fourth degree
and making a terroristic threat.

Paragraph i, which provides that certain sex crimes involving children
are qualifying offenses, is amended to include as a qualifying offense
the crimes of patronizing a person for prostitution in a school zone,
promoting an obscene sexual performance by a child, possessing an
obscene sexual performance by a child, promoting a sexual performance by
a child, and failure to register as a sex offender as qualifying
offenses.

A new paragraph j is added, pertaining to certain offenses against
public administration. This section adds the following as qualifying
offenses: obstructing governmental administration in the first and
second degree, obstructing governmental administration by means of a
self-defense spray device, bribery in the first degree, bribe giving for
public office, bribe receiving in the first degree, promoting prison
contraband in the first and second degree, resisting arrest, hindering
prosecution, tampering with a juror and tampering with physical
evidence.

A new paragraph k is added, pertaining to certain offenses against
public order, public sensibilities and the right to privacy. This
section adds the following as qualifying offenses: aggravated harassment
in the first degree and directing a laser at an aircraft in the first
degree.

A new paragraph l is added, pertaining to certain offenses against
public safety. This section adds the following as qualifying offenses:
criminal possession of a weapon in the fourth degree and criminal sale
of a firearm to a minor.

A new paragraph m is added, pertaining to organized crime. This section
adds the following as qualifying offenses: enterprise corruption and
money laundering in the first degree.

A new paragraph n is added, pertaining to offenses related to animal
cruelty. This section adds the following as qualifying offenses:  aggra-
vated cruelty to animals, overdriving, torturing and injuring animals;
failure to provide proper sustenance, and animal fighting.

 
JUSTIFICATION:

The 2019 Enacted Budget contained several measures aimed at reforming
the Criminal Justice System. One of the reforms advanced was the elimi-
nation of remand and cash bail for certain criminal offenses.  While the
elimination of remand and cash bail for low-level, non-violent crimes is
a noble cause, judges should have discretion in determining whether
bail, bond or pre-trial detention is needed for some of the more serious
criminal offenses. This bill adds to the list of qualifying offenses for
which judges will have discretion to determine the pre-trial require-
ments for certain criminal defendant.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 2 of part JJJ of chapter 59 of the laws of 2019.

S6407 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6407

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 7, 2019
                               ___________

Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules

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
six new paragraphs (d-1), (j), (k), (l), (m) and (n) 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, AGGRAVATED VEHICU-
LAR  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, CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN
SECTION 125.10 OF  THE  PENAL  LAW,  AGGRAVATED  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 IMPRISON-
MENT 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, 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, GRAND
LARCENY  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 155.42 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13220-05-9

S. 6407                             2

  (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)  CERTAIN  CONTROLLED SUBSTANCE OFFENSES INCLUDING 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)  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
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,
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) CERTAIN OFFENSES AGAINST PUBLIC ADMINISTRATION INCLUDING OBSTRUCT-
ING GOVERNMENTAL ADMINISTRATION IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 195.05 OF THE PENAL LAW, OBSTRUCTING GOVERNMENTAL ADMINISTRATION
IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 195.07, OBSTRUCTING GOVERN-

S. 6407                             3

MENTAL 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) CERTAIN OFFENSE AGAINST PUBLIC ORDER, 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)  CERTAIN  OFFENSES  AGAINST  PUBLIC  SAFETY   INCLUDING   CRIMINAL
POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN SECTION 265.01
OF  THE PENAL LAW OR CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN
SECTION 265.16 OF THE PENAL LAW;
  (M) CERTAIN OFFENSES RELATED TO ORGANIZED CRIME  INCLUDING  ENTERPRISE
CORRUPTION  AS DEFINED IN SECTION 460.20 OF THE PENAL LAW OR MONEY LAUN-
DERING IN THE FIRST DEGREE AS DEFINED IN SECTION  470.20  OF  THE  PENAL
LAW; OR
  (N)  CERTAIN  OFFENSES RELATED TO ANIMALS INCLUDING 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  AGRICUL-
TURE AND MARKETS LAW.
  §  2.  This  act  shall  take  effect on the same date and in the same
manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
effect.

Co-Sponsors

S6407A - Details

See Assembly Version of this Bill:: A8502
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §510.10, CP L

S6407A - Summary

Relates to qualifying offenses for pre-trial detention.

S6407A - Sponsor Memo

 
BILL NUMBER: S6407A

SPONSOR: GAUGHRAN
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to qualifying offenses for pre-trial detention

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide judges with additional discretion in determining whether a
criminal defendant should be held in custody or be required to post bail
or bond as a condition of pre-trial release.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraphs a, d, e, f, g, h and i of subdivision 4 of
section 510.10 of the criminal procedure law and adds six new paragraphs
d-1, j, k, 1, m, and n, in relation to adding to the list of qualifying
offenses for which a judge would have discretion to require a criminal
defendant to post bail or bond as a condition of pre-trial release.

Paragraph a, which provides that violent felony offenses shall be

considered qualifying offenses, is amended to also include all catego-
ries of burglary in the second degree and robbery in the second degree,
assault in the third degree, aggravated vehicular assault, aggravated
assault upon a person less than eleven years old, criminally negligent
homicide, aggravated vehicular homicide, manslaughter in the second
degree, unlawful imprisonment in the first degree, coercion in the first
degree, arson in the third and fourth degree, grand larceny in the first
degree, criminal possession of a weapon on school grounds, or criminal
possession of a firearm.

Paragraph d, which provides that A felonies shall be considered qualify-
ing offenses, is amended to provide that high level drug crimes shall
also be considered qualifying offenses. These A felony drug offenses
include criminal possession of a controlled substance in the first and
second degree, criminal sale of a controlled substance in the first and
second degree, and criminal sale of a controlled substance in or near
school grounds.

A new paragraph d-1 is added, to include as a qualifying offense, speci-
fied felony drug offenses involving the use of children including use of
a child to commit a controlled substance offense and criminal sale of a
controlled substance to a child.

Paragraph e, which provides that felony sex crimes and specified incest
crimes are qualifying offenses, is amended to include promoting prosti-
tution in the first degree and compelling prostitution as qualifying
offenses.

Paragraph f, which provides that specified conspiracy crimes are quali-
fying offenses is amended to include criminal solicitation in the first
degree and criminal facilitation in the first degree as qualifying
offenses.

Paragraph g, which provides that specified terrorism crimes are qualify-
ing offenses is amended to include as a qualifying offense the crimes of
money laundering in support of terrorism in the third and fourth degree
and making a terroristic threat.

Paragraph i, which provides that specified sex crimes involving children
are qualifying offenses, is amended to include as a qualifying offense
the crimes of patronizing a person for prostitution in a school zone,
promoting an obscene sexual performance by a child, possessing an
obscene sexual performance by a child, promoting a sexual performance by
a child, and failure to register as a sex offender as qualifying
offenses.

A new paragraph j is added, pertaining to specified offenses against
public administration. This section adds the following as qualifying
offenses: obstructing governmental administration in the first and
second degree, obstructing governmental administration by means of a
self-defense spray device, bribery in the first degree, bribe giving for
public office, bribe receiving in the first degree, promoting prison
contraband in the first and second degree, resisting arrest, hindering
prosecution, tampering with a juror and tampering with physical
evidence.

A new paragraph k is added, pertaining to specified offenses against
public order, public sensibilities and the right to privacy. This
section adds the following as qualifying offenses: aggravated harassment
in the first degree and directing a laser at an aircraft in the first
degree.

A new paragraph 1 is added, pertaining to specified offenses against
public safety. This section adds the following as qualifying offenses:
criminal possession of a weapon in the fourth degree and criminal sale
of a firearm to a minor.

A new paragraph m is added, pertaining to organized crime. This section
adds the following as qualifying offenses: enterprise corruption and
money laundering in the first degree.

A new paragraph n is added, pertaining to offenses related to animal
cruelty. This section adds the following as qualifying offenses:  aggra-
vated cruelty to animals, overdriving, torturing and injuring animals;
failure to provide proper sustenance, and animal fighting.

 
JUSTIFICATION:

The 2019 Enacted Budget contained several measures aimed at reforming
the Criminal Justice System. One of the reforms advanced was the elimi-
nation of remand and cash bail for certain criminal offenses.  While the
elimination of remand and cash bail for low-level, non-violent crimes is
a noble cause, judges should have discretion in determining whether
bail, bond or pre-trial detention is needed for some of the more serious
criminal offenses. This bill adds to the list of qualifying offenses for
which judges will have discretion to determine the pre-trial require-
ments for certain criminal defendant.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 2 of part JJJ of chapter 59 of the laws of 2019.

S6407A - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6407--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 7, 2019
                               ___________

Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, SAVINO
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules -- 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
six new paragraphs (d-1), (j), (k), (l), (m) and (n) 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, AGGRAVATED VEHICU-
LAR  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, CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN
SECTION 125.10 OF  THE  PENAL  LAW,  AGGRAVATED  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 IMPRISON-
MENT 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, 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, GRAND
LARCENY  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 155.42 OF THE PENAL
LAW, CRIMINAL POSSESSION OF A WEAPON ON SCHOOL  GROUNDS  AS  DEFINED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13220-06-9

S. 6407--A                          2

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) 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
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,
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,  OBSTRUCTING  GOVERNMENTAL

S. 6407--A                          3

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 OR CRIMINAL SALE OF A FIREARM TO A MINOR
AS DEFINED IN SECTION 265.16 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; OR
  (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.
  § 2. This act shall take effect on the  same  date  and  in  the  same
manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
effect.

Co-Sponsors

S6407B - Details

See Assembly Version of this Bill:: A8502
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §510.10, CP L

S6407B - Summary

Relates to qualifying offenses for pre-trial detention.

S6407B - Sponsor Memo

 
BILL NUMBER: S6407B

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to qualifying
offenses for pre-trial detention

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide judges with additional discretion in determining whether a
criminal defendant should be held in custody or be required to post bail
or bond as a condition of pre-trial release.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraphs a, d, e, f, g, h and i of subdivision 4 of
section 510.10 of the criminal procedure law and adds six new paragraphs
d-1, j, k, 1, m, and n, in relation to adding to the list of qualifying
offenses for which a judge would have discretion to require a criminal
defendant to post bail or bond as a condition of pre-trial release.

Paragraph a, which provides that violent felony offenses shall be
considered qualifying offenses, is amended to also include all catego-
ries of burglary in the second degree and robbery in the second degree,
assault in the third degree, aggravated vehicular assault, aggravated
assault upon a person less than eleven years old, criminally negligent
homicide, aggravated vehicular homicide, manslaughter in the second
degree, unlawful imprisonment in the first degree, coercion in the first
degree, arson in the third and fourth degree, grand larceny in the first
degree, criminal possession of a weapon on school grounds, criminal
possession of a firearm, and all degrees of stalking.

Paragraph d, which provides that A felonies shall be considered qualify-
ing offenses, is amended to provide that high level drug crimes shall
also be considered qualifying offenses. These A felony drug offenses
include criminal possession of a controlled substance in the first and
second degree, criminal sale of a controlled substance in the first and
second degree, and criminal sale of a controlled substance in or near
school grounds.

A new paragraph d-1 is added, to include as a qualifying offense, speci-
fied felony drug offenses involving the use of children including use of
a child to commit a controlled substance offense and criminal sale of a
controlled substance to a child.

Paragraph e, which provides that felony sex crimes and specified incest
crimes are qualifying offenses, is amended to include promoting prosti-
tution in the first degree and compelling prostitution as qualifying
offenses.

Paragraph f, which provides that specified conspiracy crimes are quali-
fying offenses is amended to include criminal solicitation in the first
degree and criminal facilitation in the first degree as qualifying
offenses.

Paragraph g, which provides that specified terrorism crimes are qualify-
ing offenses is amended to include as a qualifying offense the crimes of

money laundering in support of terrorism in the third and fourth degree
and making a terroristic threat.

Paragraph i, which provides that specified sex crimes involving children
are qualifying offenses, is amended to include as a qualifying offense
the crimes of patronizing a person for prostitution in a school zone,
promoting an obscene sexual performance by a child, possessing an
obscene sexual performance by a child, promoting a sexual performance by
a child, and failure to register as a sex offender as qualifying
offenses.

A new paragraph j is added, pertaining to specified offenses against
public administration. This section adds the following as qualifying
offenses: obstructing governmental administration in the first and
second degree, obstructing governmental administration by means of a
self-defense spray device, bribery in the first degree,bribe giving for
public office, bribe receiving in the first degree, promoting prison
contraband in the first and second degree, resisting arrest, hindering
prosecution, tampering with a juror and tampering with physical
evidence.

A new paragraph k is added, pertaining to specified offenses against
public order, public sensibilities and the right to privacy. This
section adds the following as qualifying offenses: aggravated harassment
in the first degree and directing a laser at an aircraft in the first
degree.

A new paragraph 1 is added, pertaining to specified offenses against
public safety. This section adds the following as qualifying offenses:
criminal possession of a weapon in the fourth degree and criminal sale
of a firearm to a minor.

A new paragraph m is added, pertaining to organized crime. This section
adds the following as qualifying offenses: enterprise corruption and
money laundering in the first degree.

A new paragraph n is added, pertaining to offenses related to animal
cruelty. This section adds the following as qualifying offenses:  aggra-
vated cruelty to animals, overdriving, torturing and injuring animals;
failure to provide proper sustenance, and animal fighting.

 
JUSTIFICATION:

The 2019 Enacted Budget contained several measures aimed at reforming
the Criminal Justice System. One of the reforms advanced was the elimi-
nation of remand and cash bail for certain criminal offenses.  While the
elimination of remand and cash bail for low-level, non -violent crimes
is a noble cause, judges should have discretion in determining whether
bail, bond or pre-trial detention is needed for some of the more serious
criminal offenses. This bill adds to the list of qualifying offenses for
which judges will have discretion to determine the pre-trial require-
ments for certain criminal defendant.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:
None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 2 of part JJJ of chapter 59 of the laws of 2019.

S6407B - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6407--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 7, 2019
                               ___________

Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, HARCK-
  HAM, SAVINO -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  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
six  new  paragraphs (d-1), (j), (k), (l), (m) and (n) 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, AGGRAVATED VEHICU-
LAR 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, AGGRAVATED
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13220-10-9

S. 6407--B                          2

SECTION 135.10 OF THE PENAL LAW, COERCION IN THE FIRST DEGREE AS DEFINED
IN  SECTION  135.65  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, GRAND LARCENY IN THE FIRST DEGREE AS DEFINED
IN SECTION 155.42 OF THE PENAL LAW, CRIMINAL POSSESSION OF A  WEAPON  ON
SCHOOL GROUNDS AS DEFINED IN SECTION 265.01-A OF THE PENAL LAW, OR CRIM-
INAL 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) 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
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

S. 6407--B                          3

PERFORMANCE  BY  A  CHILD AS DEFINED IN SECTION 263.15 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,  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 OR CRIMINAL SALE OF A FIREARM TO A MINOR
AS DEFINED IN SECTION 265.16 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; OR
  (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.
  § 2. This act shall take effect on the  same  date  and  in  the  same
manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
effect.

Co-Sponsors

S6407C (ACTIVE) - Details

See Assembly Version of this Bill:: A8502
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §510.10, CP L

S6407C (ACTIVE) - Summary

Relates to qualifying offenses for pre-trial detention.

S6407C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6407C

SPONSOR: GAUGHRAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to qualifying
offenses for pre-trial detention

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide judges with additional discretion in determining whether a
criminal defendant should be held in custody or be required to post bail
or bond as a condition of pre-trial release.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraphs a, d, e, f, g, h and i of subdivision 4 of
section 510.10 of the criminal procedure law and adds six new paragraphs
d-1, j, k, 1, m, and n, in relation to adding to the list of qualifying
offenses for which a judge would have discretion to require a criminal
defendant to post bail or bond as a condition of pre-trial release.

Paragraph a, which provides that violent felony offenses shall be
considered qualifying offenses, is amended to also include all catego-
ries of burglary in the second degree and third degree and robbery in
the second degree and third degree, assault in the third degree, reck-
less assault of a child by a child day care provider, aggravated vehicu-
lar assault, aggravated assault upon a person less than eleven years
old, criminally negligent homicide, vehicular manslaughter in the second
degree and first degree, aggravated vehicular homicide, manslaughter in
the second degree, unlawful imprisonment in the first degree, coercion
in the first degree, arson in the third and fourth degree, grand larceny
in the first degree, criminal possession of a weapon on school grounds,
criminal possession of a firearm, and all degrees of stalking.

Paragraph d, which provides that A felonies shall be considered qualify-
ing offenses, is amended to provide that high level drug crimes shall
also be considered qualifying offenses. These A felony drug offenses
include criminal possession of a controlled substance in the first and
second degree, criminal sale of a controlled substance in the first and
second degree, and criminal sale of a controlled substance in or near
school grounds.

A new paragraph d-1 is added, to include as a qualifying offense, speci-
fied felony drug offenses involving the use of children including use of
a child to commit a controlled substance offense and criminal sale of a
controlled substance to a child.

Paragraph e, which provides that felony sex crimes and specified incest
crimes are qualifying offenses, is amended to include promoting prosti-
tution in the first degree and compelling prostitution as qualifying
offenses.

Paragraph f, which provides that specified conspiracy crimes are quali-
fying offenses is amended to include criminal solicitation in the first
degree and criminal facilitation in the first degree as qualifying
offenses.


Paragraph g, which provides that specified terrorism crimes are qualify-
ing offenses is amended to include as a qualifying offense the crimes of
money laundering in support of terrorism in the third and fourth degree
and making a terroristic threat.

Paragraph i, which provides that specified sex crimes involving children
are qualifying offenses, is amended to include as a qualifying offense
the crimes of patronizing a person for prostitution in a school zone,
prostitution in a school zone, promoting an obscene sexual performance
by a child, possessing an obscene sexual performance by a child, promot-
ing a sexual performance by a child, possessing a sexual performance by
a child, and failure to register as a sex offender as qualifying
offenses.

A new paragraph j is added, pertaining to specified offenses against
public administration. This section adds the following as qualifying
offenses: obstructing governmental administration in the first and
second degree, obstructing governmental administration by means of a
self-defense spray device, killing or injuring a police animal, killing
a police work dog or police work horse, bribery in the first degree,
bribe giving for public office, bribe receiving in the first degree,
promoting prison contraband in the first and second degree, resisting
arrest, hindering prosecution, tampering with a juror and tampering with
physical evidence.

A new paragraph k is added, pertaining to specified offenses against
public order, public sensibilities and the right to privacy. This
section adds the following as qualifying offenses: aggravated harassment
in the first degree and directing a laser at an aircraft in the first
degree.

A new paragraph 1 is added, pertaining to specified offenses against
public safety. This section adds the following as qualifying offenses:
criminal possession of a weapon in the fourth degree and criminal sale
of a firearm to a minor.

A new paragraph m is added, pertaining to organized crime. This section
adds the following as qualifying offenses: enterprise corruption and
money laundering in the first degree.

A new paragraph n is added, pertaining to offenses related to animal
cruelty. This section adds the following as qualifying offenses:  aggra-
vated cruelty to animals, overdriving, torturing and injuring animals;
failure to provide proper sustenance, and animal fighting.

A new paragraph o is added, pertaining to hate crimes. This section adds
all hate crimes as qualifying offenses.

 
JUSTIFICATION:

The 2019 Enacted Budget contained several measures aimed at reforming
the Criminal Justice System. One of the reforms advanced was the elimi-
nation of remand and cash bail for certain criminal offenses.  While the
elimination of remand and cash bail for low-level, non-violent crimes is
a noble cause, judges should have discretion in determining whether
bail, bond or pre-trial detention is needed for some of the more serious
criminal offenses. This bill adds to the list of qualifying offenses for

which judges will have discretion to determine the pre-trial require-
ments for certain criminal defendant.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 2 of part JJJ of chapter 59 of the laws of 2019.

S6407C (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6407--C

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 7, 2019
                               ___________

Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, HARCK-
  HAM, SAVINO -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Rules -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13220-14-0

S. 6407--C                          2

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-
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]

S. 6407--C                          3

  (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
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.

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senate Bill S6407C

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senate Bill S6407C

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