S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    375
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. PAULIN, LUPARDO -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  bail  and
   pre-trial detention and domestic violence charges

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 510.10 of the criminal procedure law, as amended by
 section 2 of part JJJ of chapter 59 of the laws of 2019 and  subdivision
 4  as amended by section 2 of part UU of chapter 56 of the laws of 2020,
 is amended to read as follows:
 § 510.10 Securing order; when required; alternatives available; standard
            to be applied.
   1. When a principal, whose  future  court  attendance  at  a  criminal
 action or proceeding is or may be required, comes under the control of a
 court,  such  court  shall, in accordance with this title, by a securing
 order release the principal on the principal's own recognizance, release
 the principal under non-monetary conditions, or, where  authorized,  fix
 bail  or commit the principal to the custody of the sheriff. In all such
 cases, except where another type  of  securing  order  is  shown  to  be
 required  by law, the court shall release the principal pending trial on
 the principal's own recognizance, unless  it  is  demonstrated  and  the
 court  makes  an individualized determination that the principal poses a
 risk of flight to avoid prosecution. If such  a  finding  is  made,  the
 court  must  select  the  least restrictive alternative and condition or
 conditions that will reasonably assure the principal's return to  court.
 The  court shall explain its choice of release, release with conditions,
 bail or remand on the record or in writing.
   2. A principal is entitled to representation  by  counsel  under  this
 chapter  in  preparing an application for release, when a securing order
 is being considered and when a securing  order  is  being  reviewed  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02096-01-1

 A. 375                              2
 
 modification, revocation or termination. If the principal is financially
 unable to obtain counsel, counsel shall be assigned to the principal.
   3. In cases other than as described in [subdivision] SUBDIVISIONS four
 AND  FIVE  of this section the court shall release the principal pending
 trial on the principal's own recognizance, unless the court finds on the
 record or in writing that release on the  principal's  own  recognizance
 will  not  reasonably  assure  the  principal's return to court. In such
 instances, the court shall  release  the  principal  under  non-monetary
 conditions,  selecting  the least restrictive alternative and conditions
 that will reasonably assure the principal's return to court.  The  court
 shall  explain its choice of alternative and conditions on the record or
 in writing.
   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 shall be a qualifying offense;
   (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 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;
   (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;
   (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

 A. 375                              3

 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)] facilitating a sexual performance by a child  with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   [(j)] (I) any crime that is alleged to have caused the death of anoth-
 er person;
   [(k)]  (J)  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 impri-
 sonment 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 defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this title;
   [(l)]  (K) 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)]  (L) 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)] (M) 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)]  (N)  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)] (O) 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
 offender   pursuant   to   subdivision   six   of  section  one  hundred
 sixty-eight-l of the correction law;
   [(q)] (P) 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)] (Q) any felony offense committed by the principal while  serving
 a sentence of probation or while released to post release supervision;
   [(s)]  (R)  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)] (S) 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 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,

 A. 375                              4
 
 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.
   5. WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES AGAINST A
 MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE,  THE  COURT,
 UNLESS  OTHERWISE  PROHIBITED  BY LAW, MAY IN ITS DISCRETION RELEASE THE
 PRINCIPAL PENDING TRAIL ON THE PRINCIPAL'S  OWN  RECOGNIZANCE  OR  UNDER
 NON-MONETARY CONDITIONS, FIX BAIL, OR COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   6.  Notwithstanding  the  provisions of subdivisions three [and], four
 AND FIVE of this section, with respect to any charge for which  bail  or
 remand  is  not  ordered, and for which the court would not or could not
 otherwise require bail or remand, a defendant may, at any time,  request
 that  the  court set bail in a nominal amount requested by the defendant
 in the form specified in paragraph (a) of  subdivision  one  of  section
 520.10  of  this  title;  if  the court is satisfied that the request is
 voluntary, the court shall set such bail in such amount.
   [6.] 7. When a securing order is revoked or  otherwise  terminated  in
 the  course  of  an uncompleted action or proceeding but the principal's
 future court attendance still is or may be required and the principal is
 still under the control of a court, a new securing order must be issued.
 When the court revokes or otherwise terminates a  securing  order  which
 committed  the  principal to the custody of the sheriff, the court shall
 give written notification to the sheriff of such  revocation  or  termi-
 nation of the securing order.
   §  2. Paragraph (g) of subdivision 1 of section 510.30 of the criminal
 procedure law is amended by adding three new subparagraphs  (iii),  (iv)
 and (v) to read as follows:
   (III)  ANY  HISTORY  OF  PRIOR ACTS OF VIOLENCE OR THREATS OF VIOLENCE
 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   (IV) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
 FOR THE PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY  OR  HOUSE-
 HOLD  AS  THAT  TERM  IS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF
 THIS TITLE, WHETHER OR NOT SUCH ORDER  OF  PROTECTION  IS  CURRENTLY  IN
 EFFECT; AND
   (V)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST A
 MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
   § 3. Subdivision 1 of section 530.20 of the criminal procedure law, as
 amended  by section 16 of part JJJ of chapter 59 of the laws of 2019 and
 paragraph (b) as amended by section 3 of part UU of chapter  56  of  the
 laws of 2020, is amended to read as follows:
   1.  (a)  In  cases  other than as described in paragraph (b) OR (C) of
 this subdivision the court shall release the principal pending trial  on
 the  principal's  own recognizance, unless the court finds on the record
 or in writing that release on the principal's own recognizance will  not
 reasonably  assure  the  principal's return to court. In such instances,
 the court shall release the  principal  under  non-monetary  conditions,
 selecting  the  least  restrictive  alternative and conditions that will
 reasonably assure the principal's  return  to  court.  The  court  shall
 explain  its  choice  of  alternative and conditions on the record or in
 writing.
   (b) Where the principal stands charged with a qualifying offense,  the
 court, unless otherwise prohibited by law, may in its discretion release

 A. 375                              5
 
 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 shall be a qualifying offense;
   (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 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;
   (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;
   (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;
   (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)] facilitating a sexual performance by a child with  a  controlled
 substance  or alcohol as defined in section 263.30 of the penal law, use
 of a child in a sexual performance as defined in section 263.05  of  the
 penal  law  or  luring  a child as defined in subdivision one of section
 120.70 of the penal law, promoting an obscene sexual  performance  by  a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;

 A. 375                              6
 
   [(x)]  (IX)  any  crime  that  is  alleged to have caused the death of
 another person;
   [(xi)]  (X)  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 impri-
 sonment 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 defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   [(xii)]  (XI)  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)]  (XII)  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)] (XIII) 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)]  (XIV)  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)] (XV) 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
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(xvii)]  (XVI)  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)]  (XVII)  any felony offense committed by the principal while
 serving a sentence of probation or while released to post release super-
 vision;
   [(xix)] (XVIII) 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)] (XIX) any felony or class A misdemeanor involving  harm  to  an
 identifiable  person  or  property, where such charge arose from conduct
 occurring while the defendant was released on his or  her  own  recogni-
 zance  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  underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 crimes need not be a qualifying offense as defined in this subdivision.
   (C) WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES  AGAINST
 A  MEMBER  OR  MEMBERS  OF  THE SAME FAMILY OR HOUSEHOLD AS THAT TERM IS
 DEFINED IN SUBDIVISION ONE OR SECTION 530.11 OF THIS ARTICLE, 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 COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.

 A. 375                              7

   (d) Notwithstanding the provisions of paragraphs (a)  [and],  (b)  AND
 (C)  of  this  subdivision, with respect to any charge for which bail or
 remand is not ordered, and for which the court would not  or  could  not
 otherwise  require bail or remand, a defendant may, at any time, request
 that  the  court set bail in a nominal amount requested by the defendant
 in the form specified in paragraph (a) of  subdivision  one  of  section
 520.10  of  this  title;  if  the court is satisfied that the request is
 voluntary, the court shall set such bail in such amount.
   § 4. Section 530.40 of the  criminal  procedure  law,  as  amended  by
 section 18 of part JJJ of chapter 59 of the laws of 2019 and subdivision
 4  as amended by section 4 of part UU of chapter 56 of the laws of 2020,
 is amended to read as follows:
 § 530.40 Order of recognizance, release under non-monetary conditions or
            bail; by superior court when action is pending therein.
   When a criminal action is pending in a  superior  court,  such  court,
 upon  application of a defendant, must or may order recognizance or bail
 as follows:
   1. When the defendant is charged with an offense or offenses  of  less
 than  felony  grade  only,  the court must, unless otherwise provided by
 law, order recognizance or  release  under  non-monetary  conditions  in
 accordance with this section.
   2.  When the defendant is charged with a felony, the court may, unless
 otherwise provided by law in its discretion, order recognizance, release
 under non-monetary conditions or, where authorized, bail.  In  any  such
 case  in  which  an indictment (a) has resulted from an order of a local
 criminal court holding the defendant for the action of the  grand  jury,
 or  (b)  was  filed  at a time when a felony complaint charging the same
 conduct was pending in a local criminal court, and in which  such  local
 criminal court or a superior court judge has issued an order of recogni-
 zance,  release under non-monetary conditions or, where authorized, bail
 which is still effective, the superior court's order may be in the  form
 of a direction continuing the effectiveness of the previous order.
   3. In cases other than as described in [subdivision] SUBDIVISIONS four
 AND  FIVE  of this section the court shall release the principal pending
 trial on the principal's own recognizance, unless the court finds on the
 record or in writing that release on the  principal's  own  recognizance
 will  not  reasonably  assure  the  principal's return to court. In such
 instances, the court shall  release  the  principal  under  non-monetary
 conditions,  selecting  the least restrictive alternative and conditions
 that will reasonably assure the principal's return to court.  The  court
 shall  explain its choice of alternative and conditions on the record or
 in writing.
   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

 A. 375                              8
 
 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 such law, only class  A-I
 felonies shall be a qualifying offense;
   (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  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;
   (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;
   (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)]  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   [(j)] (I) any crime that is alleged to have caused the death of anoth-
 er person;
   [(k)] (J) 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  impri-
 sonment  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  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article;
   [(l)] (K) 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;

 A. 375                              9
 
   [(m)] (L) 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)]  (M) 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)] (N) 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)]  (O)  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
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(q)]  (P) 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)]  (Q) any felony offense committed by the principal while serving
 a sentence of probation or while released to post release supervision;
   [(s)] (R) 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)] (S) 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 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.
   5. WHERE THE PRINCIPAL STANDS CHARGED WITH A CRIME OR CRIMES AGAINST A
 MEMBER OR MEMBERS OF THE SAME  FAMILY  OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS ARTICLE, 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 COMMIT THE PRINCIPAL TO THE CUSTO-
 DY OF THE SHERIFF.
   6.  Notwithstanding  the  provisions of subdivisions three [and] four,
 AND FIVE of this section, with respect to any charge for which  bail  or
 remand  is  not  ordered, and for which the court would not or could not
 otherwise require bail or remand, a defendant may, at any time,  request
 that  the  court set bail in a nominal amount requested by the defendant
 in the form specified in paragraph (a) of  subdivision  one  of  section
 520.10  of  this  title;  if  the court is satisfied that the request is
 voluntary, the court shall set such bail in such amount.
   [6.] 7. Notwithstanding the  provisions  of  subdivisions  two,  three
 [and]  four,  AND  FIVE  of this section, a superior court may not order
 recognizance, release under non-monetary conditions  or,  where  author-
 ized,  bail,  or  permit a defendant to remain at liberty pursuant to an
 existing order, after the defendant has been convicted of either: (a)  a

 A. 375                             10

 class  A felony or (b) any class B or class C felony as defined in arti-
 cle one hundred thirty of the penal law committed  or  attempted  to  be
 committed  by  a  person eighteen years of age or older against a person
 less than eighteen years of age. In either case the court must commit or
 remand the defendant to the custody of the sheriff.
   [7.]  8.  Notwithstanding  the  provisions  of subdivisions two, three
 [and] four, AND FIVE of this section, a superior  court  may  not  order
 recognizance,  release  under  non-monetary conditions or, where author-
 ized, bail when the defendant is charged with a felony unless and  until
 the  district  attorney has had an opportunity to be heard in the matter
 and such court and counsel for the defendant have been furnished with  a
 report as described in subparagraph (ii) of paragraph (b) of subdivision
 two of section 530.20 of this article.
   § 5. This act shall take effect immediately.