Senate Bill S6153

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6153
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2021
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- 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  ensuring
   repeat offenders 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 (s) and (t) of  subdi-
 vision  4  of  section 510.10 of the criminal procedure law, the opening
 paragraph 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 a  new  para-
 graph (u) is 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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10639-01-1

 S. 6153                             2
 
   (U)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   §  2.  The opening paragraph and subparagraphs (xix) and (xx) of para-
 graph (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 and a new subparagraph  (xxi)  is  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:
   (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) A MISDEMEANOR OR FELONY  OFFENSE  AND  THE  PRINCIPAL  HAS  BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 3. The opening paragraph and paragraphs (s) and (t) of subdivision 4
 of  section  530.40 of the criminal procedure law, the opening paragraph
 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 a new paragraph (u)
 is 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:
   (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

 S. 6153                             3
 
 purposes  of this subparagraph, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 4. This act shall take effect January 1, 2022.