NY State Senate Bill 2021-S2027

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jan 16, 2021	referred to codes

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2021-S2027 (ACTIVE) - Details

See Assembly Version of this Bill:: A6856
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2019-2020 Legislative Session:: S7146, A9582

2021-S2027 (ACTIVE) - Summary

Adds serious crimes to those offenses that qualify for bail and pre-trial detention such as but not limited to hate crimes.

2021-S2027 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2027

SPONSOR: AKSHAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to adding seri-
ous crimes to those offenses that qualify for bail and pre-trial
detention

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill adds serious crimes to those offenses that qualify for bail
and pre-trial detention.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the following paragraphs of subdivision 4 of section
510.10 the criminal procedure law:

(g) 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 misdemeanor or felony crime defined in article four
hundred ninety of the penal law.

Part (i) is amended to include a misdemeanor or felony defined in arti-
cle two hundred sixty-three of the penal law

(j) a felony enumerated in article two hundred twenty of the penal law;

(k) a hate crime defined in article four hundred eighty-five of the
penal law; manslaughter in the second degree as defined in section
125.15 of the penal law; criminally negligent homicide as defined in
section 125.10 of the penal law;

(n) reckless assault of a child as defined in section 120.02 of the
penal law, reckless assault of a child by a child day care provider as
defined in section 120.01 of the penal law, aggravated assault upon a
person less than eleven years old as defined in section 120.12 of the
penal law or assault in the third degree as defined by section 120.00 of
the penal law;

(o) burglary in the third degree as defined in section 140.20 of the
penal law and robbery in the third degree as defined in section 160.05
of the penal law;

(p) stalking in the second degree as defined in section 120.55 of the
penal law, stalking in the third degree as defined in section 120.50 of
the penal law or stalking in the fourth degree as defined in section
120.45 of the penal law;

(q) aggravated vehicular manslaughter as defined in section 125.14 of
the penal law;

(r) vehicular manslaughter in the first degree as defined in section
125.13 of the penal law or vehicular manslaughter in the second degree
as defined in section 125.12 of the penal law;


(s) menacing in the first degree as defined in section 120.13 of the
penal law, menacing in the second degree as defined in section 120.14 of
the penal law or menacing in the third degree as defined in section
120.15 of the penal law;

(t) unlawful imprisonment in the first degree as defined in section
135.10 of the penal law;

(u) coercion in the first degree as defined in section 135.65 of the
penal law;

(v) arson in the third degree as defined in section 150.10 of the penal
law and arson in the fourth degree as defined in section 150.05 of the
penal law;

(w) criminal possession of a weapon on school grounds as defined in
section 265.01-a of the penal law or criminal possession of a firearm as
defined in section 265.01-b of the penal law;

(x) patronizing a person for prostitution in a school zone as defined in
section 230.08 of the penal law;

(y) failure to register or verify as a sex offender as defined in
section one hundred sixty-eight-t of the correction law;

(z) aggravated harassment in the first degree as defined in section
240.31 of the penal law; or

(aa) aggravated cruelty to animals as defined in section three hundred
fifty three-a of the agriculture and markets law, overriding, 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.

Section 2 amends the following paragraphs of subdivision 1 of section
530.20 the criminal procedure law:

(vii) 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 misdemeanor or felony crime defined in article four
hundred ninety of the penal law;

(ix) a misdemeanor or felony defined in article two hundred sixty-three
of the penal law

(x) a felony enumerated in article two hundred twenty of the penal law;

(xi) a hate crime defined in article four hundred eighty-five of the
penal law;

(xii) manslaughter in the second degree as defined in section 125.15 of
the penal law;

(xiii) criminally negligent homicide as defined in section 125.10 of the
penal law;

(xiv) reckless assault of a child as defined in section 120.02 of the
penal law, reckless assault of a child by a child day care provider as
defined in section 120.01 of the penal law, aggravated assault upon a
person less than eleven years old as defined in section 120.12 of the
penal law.or assault in the third degree as defined by section 120.00 of
the penal law;

(xv) burglary in the third degree as defined in section 140.20 of the
penal law and robbery in the third degree as defined in section 160.05
of the penal law;

(xvi) stalking in the second degree as defined in section 120.55 of the
penal law, stalking in the third degree as defined in section 120.50 of
the penal law or stalking in the fourth degree as defined in section
120.45 of the penal law;

(xvii) aggravated vehicular manslaughter as defined in section 125.14 of
the penal law;

(xviii) vehicular manslaughter in the first degree as defined in section
125.13 of the penal law or vehicular manslaughter in the second degree
as defined in section 125.12 of the penal law;

(xix) menacing in the first degree as defined in section 120.13 of the
penal law, menacing in the second degree as defined in section 120.14 of
the penal law or menacing in the third degree as defined in section
120.15 of the penal law;

(xx) unlawful imprisonment in the first degree as defined in section
135.10 of the penal law;

(xxi) coercion in the first degree as defined in section 135.65 of the
penal law;

(xxii) arson in the third degree as defined in section 150.10 of the
penal law and arson in the fourth degree as defined in section 150.05 of
the penal law;

(xxiii) criminal possession of a weapon on school grounds as defined in
section 265.01-a of the penal law or criminal possession of a firearm as
defined in section 265.01-b of the penal law;

(xxiv) patronizing a person for prostitution in a school zone as defined
in section 230.08 of the penal law;

(xxv) failure to register or verify as a sex offender as defined in
section one hundred sixty-eight-t of the correction law;

(xxvi) aggravated harassment in the first degree as defined in section
240.31 of the penal law; or

(xxvii) aggravated cruelty to animals as defined in section three
hundred fifty-three-a of the agriculture and markets law, overriding,
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.

Section 3 amends the following paragraphs of subdivision 4 of section
530.40 the criminal procedure law:

(g) 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 misdemeanor or felony crime defined in article four
hundred ninety of the penal law;

(i) a misdemeanor or felony defined in article two hundred sixty-three
of the penal law

(j) a felony enumerated in article two hundred twenty of the penal law;

(k) a hate crime defined in article four hundred eighty-five of the
penal;

(1) manslaughter in the second degree as defined in section 125.15 of
the penal law;

(m) criminally negligent homicide as defined in section 125.10 of the
penal law;

(n) reckless assault of a child as defined in section 120.02 of the
penal law, reckless assault of a child by a child day care provider as
defined in section 120.01 of the penal law, aggravated assault upon a
person less than eleven years old as defined in section 120.12 of the
penal law or assault in the third degree as defined by section 120.00 of
the penal law;

(o) burglary in the third degree as defined in section 140.20 of the
penal law and robbery in the third degree as defined in section 160.05
of the penal law;

(p) stalking in the second degree as defined in section 120.55 of the
penal law, stalking in the third degree as defined in section 120.50 of
the penal law or stalking in the fourth degree as defined in section
120.45 of the penal law;

(q) aggravated vehicular manslaughter as defined in section 125.14 of
the penal law;

(r) vehicular manslaughter in the first degree as defined in section
125.13 of the penal law or vehicular manslaughter in the second degree
as defined in section 125.12 of the penal law;

(s) menacing in the first degree as defined in section 120.13 of the
penal law, menacing in the second degree as defined in section 120.14 of
the penal law or menacing in the third degree as defined in section
120.15 of the penal law;

(t) unlawful imprisonment in the first degree as defined in section
135.10 of the penal law;

(u) coercion in the first degree as defined in section 135.65 of the
penal law;


(v) arson in the third degree as defined in section 150.10 of the penal
law and arson in the fourth degree as defined in section 150.05 of the
penal law;

(w) criminal possession of a weapon on school grounds as defined in
section 265.01-a of the penal law or criminal possession of a firearm as
defined in section 265.01-b of the penal law;

(x) patronizing a person for prostitution in a school zone as defined in
section 230.08 of the penal law;

(y) failure to register or verify as a sex offender as defined in
section one hundred sixty-eight-t of the correction law;

(z) aggravated harassment in the first degree as defined in section
240.31 of the penal law; or

(aa) aggravated cruelty to animals as defined in section three hundred
fifty-three-a of the agriculture and markets law, overriding, 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.

Section 4 states that the act shall take effect immediately.

 
JUSTIFICATION:

After the enactment of the bail reforms included in the 2019-2020 State
Budget individuals accused of manslaughter, sexual misconduct with chil-
dren, conspiracy and facilitation of rape, hate crimes, assault,
burglary and more have been released out into our communities across our
state. This poses a serious threat to the safety of all New Yorkers.

This bill restores bail and pre-trial detention for the violent and
dangerous crimes that require it, including manslaughter in the 2nd
degree, criminally negligent homicide, reckless assault of a child,
facilitating a sexual performance by a child, aggravated vehicular
manslaughter, menacing, unlawful imprisonment, arson, criminal
possession of a weapon on school grounds, failure to register as a sex
offender, aggravated cruelty to animals, animal torture, stalking,
burglary, robbery, hate crimes, patronizing a person for prostitution in
a school zone, money laundering in support of terrorism, and aggravated
assault.

 
LEGISLATIVE HISTORY:

2020 - S7146: Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S2027 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2027
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sens.  AKSHAR, BORRELLO, BOYLE, HELMING, JORDAN, O'MARA,
   ORTT, RITCHIE, TEDISCO -- read twice and  ordered  printed,  and  when
   printed to be committed to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to adding seri-
   ous crimes to those offenses  that  qualify  for  bail  and  pre-trial
   detention

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and paragraphs (a),  (d),  (g),  (i),
 (s) and (t) of subdivision 4 of section 510.10 of the criminal procedure
 law,  the  opening  paragraph  and  paragraphs  (a), (d), (g) and (i) as
 amended and paragraphs (s) and (t) as added by section 2 of part  UU  of
 chapter  56  of the laws of 2020, are amended and sixteen new paragraphs
 (u), (v), (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff),  (gg),
 (hh), (ii) and (jj)  are added to read as follows:
   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];

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04338-01-1

 S. 2027                             2
 
   (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];
   (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] MISDEMEANOR OR FELONY CRIME DEFINED IN ARTI-
 CLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   (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] A MISDEMEANOR  OR  FELONY  DEFINED  IN  ARTICLE  TWO  HUNDRED
 SIXTY-THREE 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  sexual performance by a child as defined in section 263.15
 of the penal law;
   (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)  A  FELONY  ENUMERATED  IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
 LAW;
   (V) A HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED  EIGHTY-FIVE  OF  THE
 PENAL LAW;
   (W)  MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15 OF
 THE PENAL LAW;
   (X) CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF  THE
 PENAL LAW;
   (Y)  RECKLESS  ASSAULT  OF A CHILD AS DEFINED IN SECTION 120.02 OF THE
 PENAL LAW OR RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION 120.01 OF THE PENAL LAW;
   (Z) BURGLARY IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20  OF  THE
 PENAL  LAW  AND ROBBERY IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05
 OF THE PENAL LAW;
   (AA) STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF THE
 PENAL LAW, STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50  OF
 THE  PENAL  LAW  OR  STALKING IN THE FOURTH DEGREE AS DEFINED IN SECTION
 120.45 OF THE PENAL LAW;
   (BB) AGGRAVATED VEHICULAR MANSLAUGHTER AS DEFINED IN SECTION 125.14 OF
 THE PENAL LAW;

 S. 2027                             3

   (CC) VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN  SECTION
 125.13  OF  THE PENAL LAW OR VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE
 AS DEFINED IN SECTION 125.12 OF THE PENAL LAW;
   (DD)  MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE
 PENAL LAW, MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14 OF
 THE PENAL LAW OR MENACING IN THE THIRD  DEGREE  AS  DEFINED  IN  SECTION
 120.15 OF THE PENAL LAW;
   (EE)  COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE
 PENAL LAW;
   (FF) ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION  150.05  OF  THE
 PENAL LAW;
   (GG)  CRIMINAL  POSSESSION OF A FIREARM AS DEFINED IN SECTION 265.01-B
 OF THE PENAL LAW;
   (HH) PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE AS DEFINED
 IN SECTION 230.08 OF THE PENAL LAW;
   (II) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED  IN  SECTION
 240.31 OF THE PENAL LAW; OR
   (JJ) AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A  OF THE AGRICULTURE AND MARKETS LAW, OVERRIDING, 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.
   §  2.  The opening paragraph and subparagraphs (i), (iv), (vii), (ix),
 (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 chap-
 ter 56 of the laws of 2020, are amended and  sixteen  new  subparagraphs
 (xxi),  (xxii),  (xxiii),  (xxiv),  (xxv),  (xxvi),  (xxvii),  (xxviii),
 (xxix), (xxx), (xxxi), (xxxii), (xxxiii), (xxxiv), (xxxv),  and  (xxxvi)
 are added to read as follows:
   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];
   (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];
   (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

 S. 2027                             4

 section 490.20 of such law] MISDEMEANOR OR FELONY CRIME DEFINED IN ARTI-
 CLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   (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] A MISDEMEANOR  OR  FELONY  DEFINED  IN  ARTICLE  TWO  HUNDRED
 SIXTY-THREE 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  sexual performance by a child as defined in section 263.15
 of the penal law;
   (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)  A  FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
 LAW;
   (XXII) A HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE
 PENAL LAW;
   (XXIII) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15
 OF THE PENAL LAW;
   (XXIV) CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION  125.10  OF
 THE PENAL LAW;
   (XXV)  RECKLESS ASSAULT OF A CHILD AS DEFINED IN SECTION 120.02 OF THE
 PENAL LAW, RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE  PROVIDER  AS
 DEFINED IN SECTION 120.01 OF THE PENAL LAW;
   (XXVI)  BURGLARY  IN  THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF
 THE PENAL LAW AND ROBBERY IN THE THIRD  DEGREE  AS  DEFINED  IN  SECTION
 160.05 OF THE PENAL LAW;
   (XXVII)  STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF
 THE PENAL LAW, STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50
 OF THE PENAL LAW OR STALKING IN THE FOURTH DEGREE AS DEFINED IN  SECTION
 120.45 OF THE PENAL LAW;
   (XXVIII)  AGGRAVATED  VEHICULAR  MANSLAUGHTER  AS  DEFINED  IN SECTION
 125.14 OF THE PENAL LAW;
   (XXIX) VEHICULAR MANSLAUGHTER  IN  THE  FIRST  DEGREE  AS  DEFINED  IN
 SECTION  125.13 OF THE PENAL LAW OR VEHICULAR MANSLAUGHTER IN THE SECOND
 DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW;
   (XXX) MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE
 PENAL LAW, MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14 OF
 THE PENAL LAW OR MENACING IN THE THIRD  DEGREE  AS  DEFINED  IN  SECTION
 120.15 OF THE PENAL LAW;
   (XXXI)  COERCION  IN  THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF
 THE PENAL LAW;
   (XXXII) ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE
 PENAL LAW;
   (XXXIII) CRIMINAL POSSESSION  OF  A  FIREARM  AS  DEFINED  IN  SECTION
 265.01-B OF THE PENAL LAW;

 S. 2027                             5
 
   (XXXIV)  PATRONIZING  A  PERSON  FOR  PROSTITUTION IN A SCHOOL ZONE AS
 DEFINED IN SECTION 230.08 OF THE PENAL LAW;
   (XXXV) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW; OR
   (XXXVI)  AGGRAVATED  CRUELTY  TO  ANIMALS  AS DEFINED IN SECTION THREE
 HUNDRED FIFTY-THREE-A OF THE AGRICULTURE AND  MARKETS  LAW,  OVERRIDING,
 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.
   § 3. The opening paragraph and paragraphs (a), (d), (g), (i), (s)  and
 (t)  of  subdivision  4 of section 530.40 of the criminal procedure law,
 the opening paragraph and paragraphs (a), (d), (g) and  (i)  as  amended
 and  paragraphs  (s) and (t) as added by section 4 of part UU of chapter
 56 of the laws of 2020, are amended and sixteen new paragraphs (u), (v),
 (w), (x), (y), (z), (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), (ii)
 and (jj) are added to read as follows:
   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];
   (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];
   (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] MISDEMEANOR OR FELONY CRIME DEFINED IN ARTI-
 CLE FOUR HUNDRED NINETY OF THE PENAL LAW;
   (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] MISDEMEANOR OR FELONY DEFINED IN ARTICLE TWO  HUNDRED  SIXTY-
 THREE  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 perform-
 ance by a child as defined in section 263.10 of the penal law or promot-
 ing a sexual performance by a child as defined in section 263.15 of  the
 penal law;

 S. 2027                             6
 
   (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) A FELONY ENUMERATED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL
 LAW;
   (V)  A  HATE  CRIME DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE
 PENAL LAW;
   (W) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15  OF
 THE PENAL LAW;
   (X)  CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE
 PENAL LAW;
   (Y) RECKLESS ASSAULT OF A CHILD AS DEFINED IN SECTION  120.02  OF  THE
 PENAL  LAW,  RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION 120.01 OF THE PENAL LAW;
   (Z) BURGLARY IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20  OF  THE
 PENAL  LAW  AND ROBBERY IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05
 OF THE PENAL LAW;
   (AA) STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF THE
 PENAL LAW, STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50  OF
 THE  PENAL  LAW  OR  STALKING IN THE FOURTH DEGREE AS DEFINED IN SECTION
 120.45 OF THE PENAL LAW;
   (BB) AGGRAVATED VEHICULAR MANSLAUGHTER AS DEFINED IN SECTION 125.14 OF
 THE PENAL LAW;
   (CC) VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN  SECTION
 125.13  OF  THE PENAL LAW OR VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE
 AS DEFINED IN SECTION 125.12 OF THE PENAL LAW;
   (DD) MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF  THE
 PENAL LAW, MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14 OF
 THE  PENAL  LAW  OR  MENACING  IN THE THIRD DEGREE AS DEFINED IN SECTION
 120.15 OF THE PENAL LAW;
   (EE) COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF  THE
 PENAL LAW;
   (FF)  ARSON  IN  THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE
 PENAL LAW;
   (GG) CRIMINAL POSSESSION OF A FIREARM AS DEFINED IN  SECTION  265.01-B
 OF THE PENAL LAW;
   (HH) PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE AS DEFINED
 IN SECTION 230.08 OF THE PENAL LAW;
   (II)  AGGRAVATED  HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW; OR
   (JJ) AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW, OVERRIDING,  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.
   § 4. This act shall take effect immediately.

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Senate Bill S2027

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S2027 (ACTIVE) - Details

2021-S2027 (ACTIVE) - Summary

2021-S2027 (ACTIVE) - Sponsor Memo

2021-S2027 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2027

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2021-S2027 (ACTIVE) - Details

2021-S2027 (ACTIVE) - Summary

2021-S2027 (ACTIVE) - Sponsor Memo

2021-S2027 (ACTIVE) - Bill Text download pdf

Comments