S T A T E O F N E W Y O R K
________________________________________________________________________
254
2023-2024 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred 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), (t) and (u) of subdivision 4 of section
510.10 of the criminal procedure law, paragraph (m) as added by section
2 of part UU of chapter 56 of the laws of 2020 and paragraph (t) as
amended and (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:
(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, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, or any charge of criminal possession of a firearm as
defined in section 265.01-b of the penal law, 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 quali-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00203-01-3
A. 254 2
fying offense as defined in this subdivision. For the purposes of this
paragraph, "harm to an identifiable person or property" shall include
but not be limited to theft of or damage to property. However, based
upon a review of the facts alleged in the accusatory instrument, if the
court determines that such theft is negligible and does not appear to be
in furtherance of other criminal activity, the principal shall be
released on his or her own recognizance or under appropriate non-mone-
tary conditions; [or]
(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) 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), (xx) and (xxi) of paragraph (b) of subdivi-
sion 1 of section 530.20 of the criminal procedure law, subparagraph
(xiii) as amended by section 3 of part UU of chapter 56 of the laws of
2020 and subparagraph (xx) as amended and subparagraph (xxi) as added by
section 4 of subpart C of part UU of chapter 56 of the laws of 2022, are
amended and a new subparagraph (xxii) 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, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket 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. For the purposes of this paragraph, "harm to an identifi-
able person or property" shall include but not be limited to theft of or
damage to property. However, based upon a review of the facts alleged in
the accusatory instrument, if the court determines that such theft is
negligible and does not appear to be in furtherance of other criminal
activity, the principal shall be released on his or her own recognizance
or under appropriate non-monetary conditions; [or]
(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) 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), (t) and (u) 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 and paragraph (t) as amended and (u) as added by
A. 254 3
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:
(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, or any charge of criminal possession of a
firearm as defined in section 265.01-b of the penal law, where such
charge arose from conduct occurring while the defendant was released on
his or her own recognizance, released under conditions, or had yet to be
arraigned after the issuance of a desk appearance ticket for a separate
felony or class A misdemeanor involving harm to an identifiable person
or property, or any charge of criminal possession of a firearm as
defined in section 265.01-b of the penal law, 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 quali-
fying offense as defined in this subdivision. For the purposes of this
paragraph, "harm to an identifiable person or property" shall include
but not be limited to theft of or damage to property. However, based
upon a review of the facts alleged in the accusatory instrument, if the
court determines that such theft is negligible and does not appear to be
in furtherance of other criminal activity, the principal shall be
released on his or her own recognizance or under appropriate non-mone-
tary conditions; [or]
(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) 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.