S T A T E O F N E W Y O R K
________________________________________________________________________
859
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. WALLACE, FAHY, GRIFFIN, McMAHON, JONES, BUTTENS-
CHON, WOERNER, LUPARDO, STERN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, in relation to securing
orders for principals charged with certain qualifying offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (s) 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 to read as follows:
(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; OR
(U) 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02274-01-1
A. 859 2
PUBLIC LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF THE
PENAL LAW.
§ 2. Subparagraphs (xix) and (xx) of 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, are amended to read as
follows:
(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; OR
(XXI) 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.
§ 3. Paragraphs (s) 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 to read as follows:
(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; OR
(U) 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.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law.