Senate Bill S9088

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9088
 
                             I N  S E N A T E
 
                              April 22, 2024
                                ___________
 
 Introduced  by  Sen.  O'MARA -- 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 making menac-
   ing and stalking qualifying offenses for the purposes of bail
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subparagraphs (x) and (xi) of paragraph (b) of subdivision
 1 of section 150.20 of the criminal procedure law, as added by section 1
 of subpart B of part UU of chapter 56 of the laws of 2022,  are  amended
 and two new subparagraphs (xii) and (xiii) are added to read as follows:
   (x)  the  person  is eighteen years of age or older and charged with a
 hate crime as defined in section 485.05 of the penal law; [or]
   (xi) the offense is a qualifying offense pursuant to paragraph (t)  of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter[.];
   (XII) THE OFFENSE IS A QUALIFYING OFFENSE PURSUANT TO PARAGRAPH (V) OF
 SUBDIVISION FOUR OF SECTION 510.10 OF THIS CHAPTER, OR PURSUANT TO PARA-
 GRAPH (V) OF SUBDIVISION FOUR OF SECTION 530.40 OF THIS CHAPTER; OR
   (XIII)  THE  OFFENSE IS A QUALIFYING OFFENSE PURSUANT TO PARAGRAPH (W)
 OF SUBDIVISION FOUR OF SECTION 510.10 OF THIS CHAPTER,  OR  PURSUANT  TO
 PARAGRAPH (W) OF SUBDIVISION FOUR OF SECTION 530.40 OF THIS CHAPTER.
   §  2. Paragraph (h) 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 to read as follows:
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15078-01-4
              

 S. 9088                             2
 
 of  section  530.11 of this title, OR SUCH PROTECTED PARTY IS THE VICTIM
 OF AN ALLEGED CRIME INVOLVING MENACING OR STALKING;
   §  3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and two new paragraphs (v) and (w) are added  to  read
 as follows:
   (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]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  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  underly-
 ing  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 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 accu-
 satory 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] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary 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[.];
   (V)  A CRIME INVOLVING MENACING UNDER SECTION 120.13, 120.14 OR 120.15
 OF THE PENAL LAW; OR
   (W) A CRIME INVOLVING STALKING UNDER SECTION 120.45, 120.50, 120.55 OR
 120.60 OF THE PENAL LAW.
   § 4. Paragraph (h) 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
 laws of 2020, is amended to read as follows:
   (h) criminal contempt in the second degree as defined  in  subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
 the penal law or aggravated criminal  contempt  as  defined  in  section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal  contempt  in the second degree, criminal contempt in the first
 degree or aggravated criminal contempt is that the defendant violated  a
 duly served order of protection where the protected party is a member of
 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article, OR SUCH PROTECTED PARTY IS THE VICTIM
 OF AN ALLEGED CRIME INVOLVING MENACING OR STALKING;
   § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 4 of subpart B of part UU of chapter 56 of the laws  of
 2022,  are  amended and two new paragraphs (v) and (w) are added to read
 as follows:
   (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
 S. 9088                             3
 
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance  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  underly-
 ing  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 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 accu-
 satory 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] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary 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[.];
   (V)  A CRIME INVOLVING MENACING UNDER SECTION 120.13, 120.14 OR 120.15
 OF THE PENAL LAW; OR
   (W) A CRIME INVOLVING STALKING UNDER SECTION 120.45, 120.50, 120.55 OR
 120.60 OF THE PENAL LAW.
   § 6. This act shall take effect immediately.