S T A T E O F N E W Y O R K
________________________________________________________________________
8088
2021-2022 Regular Sessions
I N A S S E M B L Y
June 11, 2021
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to securing
orders for principals charged with certain hate crimes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (m) and (t) of subdivision 4 of section 510.10
of the criminal procedure law, as added by section 2 of part UU of chap-
ter 56 of the laws of 2020, are amended and a new paragraph (u) is added
to read as follows:
(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, HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
240.25 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
crime as defined in section 485.05 of the penal law;
(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[.]; OR
(U) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
240.31 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE
AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
§ 2. Subparagraphs (xiii) and (xx) of paragraph (b) of subdivision 1
of section 530.20 of the criminal procedure law, as amended by section 3
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11349-01-1
A. 8088 2
of part UU of chapter 56 of the laws of 2020, are amended and a new
subparagraph (xxi) is added to read as follows:
(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, HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
240.25 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
crime as defined in section 485.05 of the penal law;
(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[.]; OR
(XXI) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
240.31 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE
AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
§ 3. Paragraphs (m) and (t) of 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, are amended and a new paragraph (u) is added to
read as follows:
(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, HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
240.25 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
crime as defined in section 485.05 of the penal law;
(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[.]; OR
(U) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
240.31 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE
AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
§ 4. This act shall take effect immediately.