S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7113
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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
              

 S. 7113                             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.