S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6339
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 5, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  allowing
   judges more options for when to impose bail or commit the principal to
   the custody of the sheriff
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4 of  section  510.10  of  the
 criminal procedure law, as amended by section 2 of part UU of chapter 56
 of  the  laws  of 2020, is amended and a new paragraph (j-1) 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;
   (J-1) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY;
   §  2.  Subparagraph  (i)  of paragraph (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, is amended  and  a  new  subparagraph
 (x-1) 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;
   (X-1) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY;
   § 3. Paragraph (a) of subdivision 4 of section 530.40 of the  criminal
 procedure  law,  as amended by section 4 of part UU of chapter 56 of the
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06554-01-3
              
             
                          
                 A. 6339                             2
 
 laws of 2020, is amended and a new paragraph (j-1) 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;
   (J-1) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY;
   § 4. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.