Senate Bill S8751

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8751--A
 
                             I N  S E N A T E
 
                               March 7, 2024
                                ___________
 
 Introduced  by  Sens.  PALUMBO, CANZONERI-FITZPATRICK, MARTINS, MATTERA,
   MURRAY, RHOADS -- read twice and ordered printed, and when printed  to
   be  committed  to the Committee on Codes -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the penal law, in relation to concealment and/or mutila-
   tion  of  a  human corpse; and to amend the criminal procedure law, in
   relation  to  authorizing bail for principals charged with concealment
   and/or mutilation of a human corpse
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 195.02 of the penal law, as added by chapter 242 of
 the laws of 2015, is amended to read as follows:
 § 195.02 Concealment AND/OR MUTILATION of a human corpse.
   A  person is guilty of concealment AND/OR MUTILATION of a human corpse
 when[, having a reasonable expectation that a human  corpse  or  a  part
 thereof  will  be  produced  for or used as physical evidence in: (a) an
 official proceeding; (b) an autopsy as part of a criminal investigation;
 or (c) an examination by law enforcement personnel as part of a criminal
 investigation;] such person, alone or in concert with another, conceals,
 alters, MUTILATES AND/or destroys such corpse or part thereof [with  the
 intent  to  prevent its production, use or discovery]. THE PROVISIONS OF
 THIS SECTION SHALL NOT APPLY TO AN  INDIVIDUAL OR ENTITY  AUTHORIZED  TO
 ACCEPT AN ANATOMICAL GIFT PURSUANT TO SECTION FORTY-THREE HUNDRED TWO OF
 THE PUBLIC HEALTH LAW OR TO THE LAWFUL ACTIVITIES OF A FUNERAL DIRECTOR,
 UNDERTAKER  OR EMBALMER   UNDER ARTICLE THIRTY-FOUR OF THE PUBLIC HEALTH
 LAW.
   Concealment AND/OR MUTILATION of a human corpse is a class E felony.
   § 2.  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 a new paragraph (v) is 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14809-02-4
 S. 8751--A                          2
 
 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[.];
 OR
   (V)  THE  CONCEALMENT  AND/OR MUTILATION OF A HUMAN CORPSE PURSUANT TO
 SECTION 195.02 OF THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  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 subpar-
 agraph (xxii) is added to read as follows:
   (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] 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,  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] SUCH  PRINCIPAL'S  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)    THE CONCEALMENT AND/OR MUTILATION OF A HUMAN CORPSE PURSUANT
 TO SECTION 195.02 OF THE PENAL LAW.
   § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 S. 8751--A                          3
 
 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:
   (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[.];
 OR
   (V) THE CONCEALMENT AND/OR MUTILATION OF A HUMAN  CORPSE  PURSUANT  TO
 SECTION 195.02 OF THE PENAL LAW.
   § 5. This act shall take effect immediately.