S T A T E O F N E W Y O R K
________________________________________________________________________
2175
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. STERN -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
bail for certain offenses committed during a riot
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (u) of subdivision 4 of section 510.10
of the criminal procedure law, paragraph (a) as amended by section 2 of
part UU of chapter 56 of the laws of 2020, paragraph (u) as added by
section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
amended and a new paragraph (v) is added to read as follows:
(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 OR IS CHARGED WITH COMMITTING
SUCH OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED
FORTY OF THE PENAL LAW;
(u) criminal possession of a weapon in the third degree as defined in
subdivision three of section 265.02 of the penal law or criminal sale of
a firearm to a minor as defined in section 265.16 of the penal law[.];
OR
(V) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDEN-
TIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT
OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTI-
CLE TWO HUNDRED FORTY OF THE PENAL LAW.
§ 2. Subparagraphs (i) and (xxi) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, subparagraph (i) as
amended by section 3 of part UU of chapter 56 of the laws of 2020,
subparagraph (xxi) as added by section 4 of subpart C of part UU of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02659-01-3
A. 2175 2
chapter 56 of the laws of 2022, are amended and a new subparagraph
(xxii) is added to read as follows:
(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, OR IS CHARGED WITH COMMITTING
SUCH OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED
FORTY OF THE PENAL LAW;
(xxi) criminal possession of a weapon in the third degree as defined
in subdivision three of section 265.02 of the penal law or criminal sale
of a firearm to a minor as defined in section 265.16 of the penal
law[.]; OR
(XXII) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN
IDENTIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT
OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTI-
CLE TWO HUNDRED FORTY OF THE PENAL LAW.
§ 3. Paragraphs (a) and (u) of subdivision 4 of section 530.40 of the
criminal procedure law, paragraph (a) as amended by section 4 of part UU
of chapter 56 of the laws of 2020, paragraph (u) as added by section 4
of subpart B of part UU of chapter 56 of the laws of 2022, are amended
and a new paragraph (v) is added to read as follows:
(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 OR IS CHARGED WITH COMMITTING
SUCH OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED
FORTY OF THE PENAL LAW;
(u) criminal possession of a weapon in the third degree as defined in
subdivision three of section 265.02 of the penal law or criminal sale of
a firearm to a minor as defined in section 265.16 of the penal law[.];
OR
(V) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN
IDENTIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT
OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED
IN ARTICLE TWO HUNDRED FORTY OF THE PENAL LAW.
§ 4. This act shall take effect immediately.