S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10076
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in  relation  to  qualifying
   offenses for pre-trial detention and bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 510.10 of the  criminal  procedure
 law,  as  amended  by  section 2 of part UU of chapter 56 of the laws of
 2020, is amended to read as follows:
   4. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion 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. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling];
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred  twenty  of  the  penal  law,  only
 [class  A-I  felonies]  OFFENSES  DEFINED  IN  SECTIONS  220.18, 220.21,
 220.41, 220.43, 220.44 AND 220.77 OF SUCH LAW shall  be  [a]  qualifying
 [offense] OFFENSES;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14636-01-2
 A. 10076                            2
 
 penal law, [or a crime involving] incest IN THE THIRD DEGREE as  defined
 in  section  255.25[,  255.26 or 255.27] of such law, [or] a misdemeanor
 defined in article one hundred thirty of such law,  PROMOTING  PROSTITU-
 TION  IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32 OF THE PENAL LAW,
 OR COMPELLING PROSTITUTION AS DEFINED IN SECTION  230.33  OF  THE  PENAL
 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 third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 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 title;
   (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 [or], PATRONIZING A PERSON FOR PROSTITU-
 TION  IN  A  SCHOOL  ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW,
 luring a child as defined in subdivision one of section  120.70  of  the
 penal law, promoting an obscene sexual performance by a child as defined
 in  section 263.10 of the penal law [or], promoting a sexual performance
 by a child as defined in section 263.15 of the penal law, POSSESSING  AN
 OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.11 OF
 THE PENAL LAW, OR POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED
 IN SECTION 263.16 OF THE PENAL LAW;
   (j)  any  crime that is alleged to have caused the death of OR SERIOUS
 PHYSICAL INJURY TO another person;
   (k) criminal obstruction of breathing or blood circulation as  defined
 in  section  121.11 of the penal law, strangulation in the second degree
 as defined in section 121.12 of the penal law or  unlawful  imprisonment
 in  the  first degree as defined in section 135.10 of the penal law, and
 is alleged to have committed the offense against a member of the defend-
 ant's same family or household as defined in subdivision one of  section
 530.11 of this title;
 A. 10076                            3
 
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the penal law[, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law];
   (n)  aggravated  assault  upon  a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (o) grand larceny in the first degree as defined in section 155.42  of
 the penal law, 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;
   (p)  failure  to  register  as  a sex offender pursuant to section one
 hundred sixty-eight-t of the correction law or endangering  the  welfare
 of  a child as defined in subdivision one of section 260.10 of the penal
 law, where the defendant is  required  to  maintain  registration  under
 article  six-C of the correction law and designated a level three offen-
 der pursuant to subdivision six of section one hundred sixty-eight-l  of
 the correction law;
   (q)  a  crime  involving  bail jumping under section 215.55, 215.56 or
 215.57 of the penal law, or a  crime  involving  escaping  from  custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r)  any  felony  offense  committed  by the principal while serving a
 sentence of probation or while released to post release supervision;
   (s) a felony, where the defendant qualifies  for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision[.];
   (U)  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
 A. 10076                            4
 
 IN  SECTION  215.25 OF THE PENAL LAW OR TAMPERING WITH PHYSICAL EVIDENCE
 AS DEFINED IN SECTION 215.40 OF THE PENAL LAW;
   (V) 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;
   (W) 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;
   (X) 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;
   (Y) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (Z) ANY OF THE FOLLOWING OFFENSES WHERE THE DEFENDANT IS  REQUIRED  TO
 MAINTAIN  REGISTRATION  UNDER  ARTICLE  SIX-C  OF THE CORRECTION LAW AND
 DESIGNATED A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT  TO  SUBDIVISION
 SIX  OF  SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW: ENDAN-
 GERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10 OF THE  PENAL
 LAW;  PUBLIC  LEWDNESS  AS  DEFINED  IN SECTION 245.00 OF THE PENAL LAW;
 EXPOSURE OF A PERSON AS DEFINED IN SECTION  245.01  OF  THE  PENAL  LAW;
 PUBLIC  LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF THE
 PENAL LAW;
   (A-1) RECKLESS ASSAULT OF A CHILD BY A  CHILD  DAY  CARE  PROVIDER  AS
 DEFINED  IN  SECTION  120.01  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,  CRIMI-
 NALLY  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
 IN  SECTION  125.13  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, 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, ROBBERY
 IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 160.05 OF THE PENAL LAW, OR
 CRIMINAL POSSESSION OF A FIREARM AS DEFINED IN SECTION 265.01-B  OF  THE
 PENAL LAW;
   (B-1) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
 PENAL LAW;
   (C-1) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI-
 ABLE  PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING
 WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS  DEFINED  IN  ARTICLE  TWO
 HUNDRED FORTY OF THE PENAL 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; OR
 A. 10076                            5
 
   (E-1) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN  OR  ASSAULT  WEAPON, AS SUCH TERMS ARE
 DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   §  2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
 procedure law, as amended by section 3 of part UU of chapter 56  of  the
 laws of 2020, is amended to read as follows:
   (b)  Where the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion 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. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (i) a felony enumerated in section 70.02 of the penal law[, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling];
   (ii)  a  crime  involving witness intimidation under section 215.15 of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv) a class A felony defined in the penal  law,  provided,  that  for
 class  A  felonies  under  article  two hundred twenty of such law, only
 [class A-I  felonies]  OFFENSES  DEFINED  IN  SECTIONS  220.18,  220.21,
 220.41,  220.43,  220.44  AND 220.77 OF SUCH LAW shall be [a] qualifying
 [offense] OFFENSES;
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the penal law, or a felony sex offense defined in section 70.80  of  the
 penal  law [or a crime involving], incest IN THE THIRD DEGREE as defined
 in section 255.25[, 255.26 or 255.27] of  such  law,  or  a  misdemeanor
 defined  in article one hundred thirty of such law; OR PROMOTING PROSTI-
 TUTION 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;
   (vi) 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;
   (vii) 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 third degree
 as defined in section 470.22 of  the  penal  law;  money  laundering  in
 support  of  terrorism in the fourth degree as defined in section 470.21
 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;
 A. 10076                            6
 
   (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
 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;
   (ix) 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 [or], PATRONIZING A PERSON FOR PROSTITU-
 TION  IN  A  SCHOOL  ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW,
 luring a child as defined in subdivision one of section  120.70  of  the
 penal law, promoting an obscene sexual performance by a child as defined
 in  section 263.10 of the penal law [or], promoting a sexual performance
 by a child as defined in section 263.15 of the penal law, POSSESSING  AN
 OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.11 OF
 THE PENAL LAW, OR POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED
 IN SECTION 263.16 OF THE PENAL LAW;
   (x)  any  crime that is alleged to have caused the death of OR SERIOUS
 PHYSICAL INJURY TO another person;
   (xi) criminal obstruction of breathing or blood circulation as defined
 in section 121.11 of the penal law, strangulation in the  second  degree
 as  defined  in section 121.12 of the penal law or unlawful imprisonment
 in the first degree as defined in section 135.10 of the penal  law,  and
 is alleged to have committed the offense against a member of the defend-
 ant's  same family or household as defined in subdivision one of section
 530.11 of this article;
   (xii) aggravated vehicular assault as defined in section  120.04-a  of
 the  penal  law  or  vehicular assault in the first degree as defined in
 section 120.04 of the penal law;
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the penal law[, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law];
   (xiv)  aggravated  assault upon a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, 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;
   (xvi) failure to register as a sex offender pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
 A. 10076                            7
 
   (xvii) a crime involving bail jumping under section 215.55, 215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (xviii)  any felony offense committed by the principal while serving a
 sentence of probation or while released to post release supervision;
   (xix) a felony, where the defendant qualifies for sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law; [or]
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person or property, where such charge arose from conduct occurring
 while the defendant was released on  his  or  her  own  recognizance  or
 released  under  conditions for a separate felony or class A misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that the prosecutor must show  reasonable  cause  to  believe  that  the
 defendant  committed the instant crime and any underlying crime. For the
 purposes of this subparagraph, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision[.];
   (XXI)  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;
   (XXII) PUBLIC SENSIBILITIES AND THE RIGHT TO PRIVACY INCLUDING  AGGRA-
 VATED 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;
   (XXIII) 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;
   (XXIV)  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;
   (XXV) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (XXVI) ANY OF THE FOLLOWING OFFENSES WHERE THE DEFENDANT  IS  REQUIRED
 TO  MAINTAIN  REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND
 DESIGNATED A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT  TO  SUBDIVISION
 SIX  OF  SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW: ENDAN-
 A. 10076                            8
 
 GERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10 OF THE  PENAL
 LAW;  PUBLIC  LEWDNESS  AS  DEFINED  IN SECTION 245.00 OF THE PENAL LAW;
 EXPOSURE OF A PERSON AS DEFINED IN SECTION  245.01  OF  THE  PENAL  LAW;
 PUBLIC  LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF THE
 PENAL LAW;
   (XXVII) RECKLESS ASSAULT OF A CHILD BY A CHILD DAY  CARE  PROVIDER  AS
 DEFINED  IN  SECTION  120.01  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,  CRIMI-
 NALLY  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
 IN  SECTION  125.13  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, 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, ROBBERY
 IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 160.05 OF THE PENAL LAW, OR
 CRIMINAL POSSESSION OF A FIREARM AS DEFINED IN SECTION 265.01-B  OF  THE
 PENAL LAW;
   (XXVIII)  AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF
 THE PENAL LAW;
   (XXIX) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM  TO  AN  IDEN-
 TIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCUR-
 RING  WHILE  THE  DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTICLE
 TWO HUNDRED FORTY OF THE PENAL LAW;
   (XXX) 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; OR
   (XXXI) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN  OR  ASSAULT  WEAPON, AS SUCH TERMS ARE
 DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 3. Subdivision 4 of section 530.40 of the criminal procedure law, as
 added by section 4 of part UU of chapter 56 of  the  laws  of  2020,  is
 amended to read as follows:
   4.  Where  the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion 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. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or  in writing. A principal stands charged with a qualifying offense for
 the purposes of this subdivision when he or she stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling];
   (b) a crime involving witness intimidation under section 215.15 of the
 penal law;
 A. 10076                            9
 
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of such law, only [class A-I
 felonies]  OFFENSES  DEFINED IN SECTIONS 220.18, 220.21, 220.41, 220.43,
 220.44 AND  220.77  OF  SUCH  LAW  shall  be  [a]  qualifying  [offense]
 OFFENSES;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law [or a crime involving], incest IN THE THIRD DEGREE as  defined
 in  section  255.25[,  255.26 or 255.27] of such law, [or] a misdemeanor
 defined in article one hundred thirty of such law; OR PROMOTING  PROSTI-
 TUTION  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 230.32 OF THE PENAL
 LAW,  OR COMPELLING PROSTITUTION AS DEFINED IN  SECTION  230.33  OF  THE
 PENAL 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 third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 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;
   (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 [or], PATRONIZING A PERSON FOR PROSTITU-
 TION  IN  A  SCHOOL  ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW,
 luring a child as defined in subdivision one of section  120.70  of  the
 penal law, promoting an obscene sexual performance by a child as defined
 in  section 263.10 of the penal law or promoting a sexual performance by
 a child as defined in section 263.15 of the  penal  law,  POSSESSING  AN
 OBSCENE  SEXUAL  PERFORMANCE  BY A CHILD AS DEFINED IN SECTION 263.11 OF
 THE PENAL LAW,  OR POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED
 IN SECTION 263.16 OF THE PENAL LAW;
 A. 10076                           10
 
   (j) any crime that is alleged to have caused  the  death  OR  PHYSICAL
 INJURY of another person;
   (k)  criminal obstruction of breathing or blood circulation as defined
 in section 121.11 of the penal law, strangulation in the  second  degree
 as  defined  in section 121.12 of the penal law or unlawful imprisonment
 in the first degree as defined in section 135.10 of the penal  law,  and
 is alleged to have committed the offense against a member of the defend-
 ant's  same family or household as defined in subdivision one of section
 530.11 of this article;
   (l) aggravated vehicular assault as defined in section 120.04-a of the
 penal law or vehicular assault in the first degree as defined in section
 120.04 of the penal law;
   (m) assault in the third degree as defined in section  120.00  of  the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law[, when such crime is charged as a hate crime as defined in
 section 485.05 of the penal law];
   (n) aggravated assault upon a person less than  eleven  years  old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, 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;
   (p) failure to register as a sex  offender  pursuant  to  section  one
 hundred  sixty-eight-t  of the correction law or endangering the welfare
 of a child as defined in subdivision one of section 260.10 of the  penal
 law,  where  the  defendant  is  required to maintain registration under
 article six-C of the correction law and designated a level three  offen-
 der  pursuant to subdivision six of section one hundred sixty-eight-l of
 the correction law;
   (q) a crime involving bail jumping under  section  215.55,  215.56  or
 215.57  of  the  penal  law,  or a crime involving escaping from custody
 under section 205.05, 205.10 or 205.15 of the penal law;
   (r) any felony offense committed by  the  principal  while  serving  a
 sentence of probation or while released to post release supervision;
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, where such charge arose from conduct  occurring
 while  the  defendant  was  released  on  his or her own recognizance or
 released under conditions for a separate felony or class  A  misdemeanor
 involving harm to an identifiable person or property, provided, however,
 that  the  prosecutor  must  show  reasonable  cause to believe that the
 defendant committed the instant crime and any underlying crime. For  the
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.];
   (U) 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
 A. 10076                           11

 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;
   (V) 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;
   (W) 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;
   (X)  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;
   (Y) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW;
   (Z)  ANY  OF THE FOLLOWING OFFENSES WHERE THE DEFENDANT IS REQUIRED TO
 MAINTAIN REGISTRATION UNDER ARTICLE SIX-C  OF  THE  CORRECTION  LAW  AND
 DESIGNATED  A  LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SUBDIVISION
 SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW:   ENDAN-
 GERING  THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10 OF THE PENAL
 LAW; PUBLIC LEWDNESS AS DEFINED IN SECTION  245.00  OF  THE  PENAL  LAW;
 EXPOSURE  OF  A  PERSON  AS  DEFINED IN SECTION 245.01 OF THE PENAL LAW;
 PUBLIC LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF  THE
 PENAL LAW;
   (A-1)  RECKLESS  ASSAULT  OF  A  CHILD BY A CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION 120.01 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, CRIMI-
 NALLY 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
 IN SECTION 125.13 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,  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, ROBBERY
 IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05 OF THE  PENAL  LAW,  OR
 CRIMINAL  POSSESSION  OF A FIREARM AS DEFINED IN SECTION 265.01-B OF THE
 PENAL LAW;
   (B-1) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
 PENAL LAW;
 A. 10076                           12
 
   (C-1) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI-
 ABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT  OCCURRING
 WHILE  THE  DEFENDANT  WAS  ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO
 HUNDRED FORTY OF THE PENAL 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; OR
   (E-1) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN  OR  ASSAULT  WEAPON, AS SUCH TERMS ARE
 DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 4. This act shall take effect immediately.