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.