S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9030
 
                           I N  A S S E M B L Y
 
                             January 10, 2020
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  drug  and
   domestic violence offenses qualifying for bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph and paragraphs (a), (d), (h) and  (i)
 of  subdivision  4  of  section 510.10 of the criminal procedure law, as
 added by section 2 of part JJJ of chapter 59 of the laws  of  2019,  are
 amended  and  three new paragraphs (j), (k) and (l) are added to read as
 follows:
   Where the principal stands charged  with  a  qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense [which is a felony], the court may commit  the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 burglary  in  the second degree as defined in subdivision two of section
 140.25 of the penal law or robbery in the second degree  as  defined  in
 subdivision one of section 160.10 of the penal law];
   (d) a class A felony AS defined in the penal law[, other than in arti-
 cle  two hundred twenty of such law with the exception of section 220.77
 of such law];
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14317-01-9

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 the  defendant's  same family or household as defined in subdivision one
 of section 530.11 of this article; [or]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law[.];
   (J)  A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
 OF THE PENAL LAW;
   (K) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR
   (L) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75  OF  THE
 PENAL LAW.
   §  2.  The  opening  paragraph and subparagraphs (i), (iv), (viii) and
 (ix) of paragraph (b) of subdivision 1 of section 530.20 of the criminal
 procedure law, as added by section 16 of part JJJ of chapter 59  of  the
 laws  of  2019,  are  amended  and three new subparagraphs (x), (xi) and
 (xii) are added to read as follows:
   Where the principal stands charged  with  a  qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix  bail, or, where the defendant is charged
 with a qualifying offense [which is a felony], the court may commit  the
 principal  to  the  custody  of the sheriff. The court shall explain its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (i) a felony enumerated in section 70.02 of the penal law[, other than
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the  penal law or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law];
   (iv) a class A felony defined in the penal law[, other than in article
 two hundred twenty of such law with the exception of section  220.77  of
 such law];
   (viii)  criminal  contempt in the second degree as defined in subdivi-
 sion 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]
   (ix)  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law[.];
   (X)  A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
 OF THE PENAL LAW;
   (XI) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR
   (XII) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
 PENAL LAW.
   § 3. The opening paragraph and paragraphs (a), (d),  (h)  and  (i)  of
 subdivision  4 of section 530.40 of the criminal procedure law, as added

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 by section 18 of part JJJ of chapter 59 of the laws of 2019, are amended
 and three new paragraphs (j), (k) and (l) are added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or  in writing. A principal stands charged with a qualifying offense for
 the purposes of this subdivision when he or she stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 burglary in the second degree as defined in subdivision two  of  section
 140.25  of  the  penal law or robbery in the second degree as defined in
 subdivision one of section 160.10 of the penal law];
   (d) a class A felony AS defined in the penal law[, other than in arti-
 cle two hundred twenty of such law with the exception of section  220.77
 of such law];
   (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]
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70 of the penal law[.];
   (J)  A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
 OF THE PENAL LAW;
   (K) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY; OR
   (L) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75  OF  THE
 PENAL LAW.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as part JJJ of chapter 59 of the laws of 2019, takes effect.