S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6407
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2019
                                ___________
 
 Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Rules
 
 AN  ACT  to  amend the criminal procedure law, in relation to qualifying
   offenses for pre-trial detention

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (d), (e), (f), (g), (h) and (i) of subdivi-
 sion  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
 six new paragraphs (d-1), (j), (k), (l), (m) and (n) are added  to  read
 as follows:
   (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] ASSAULT IN THE THIRD
 DEGREE AS DEFINED IN SECTION 120.00 OF THE PENAL LAW, AGGRAVATED VEHICU-
 LAR  ASSAULT AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW, AGGRAVATED
 ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS OLD AS DEFINED  IN  SECTION
 120.12  OF  THE  PENAL  LAW, CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN
 SECTION 125.10 OF  THE  PENAL  LAW,  AGGRAVATED  VEHICULAR  HOMICIDE  AS
 DEFINED  IN  SECTION 125.14 OF THE PENAL LAW, MANSLAUGHTER IN THE SECOND
 DEGREE AS DEFINED IN SECTION 125.15 OF THE PENAL LAW; UNLAWFUL IMPRISON-
 MENT IN THE FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL  LAW,
 COERCION  IN  THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE PENAL
 LAW, ARSON IN THE FOURTH DEGREE AS DEFINED  IN  SECTION  150.05  OF  THE
 PENAL LAW, ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10, GRAND
 LARCENY  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 155.42 OF THE PENAL
 LAW, CRIMINAL POSSESSION OF A WEAPON ON SCHOOL  GROUNDS  AS  DEFINED  IN
 SECTION  265.01-A  OF THE PENAL LAW, OR CRIMINAL POSSESSION OF A FIREARM
 AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13220-05-9

 S. 6407                             2
 
   (d) a class A felony defined in the penal law, other than  in  article
 two  hundred twenty of such law with the exception of [section] SECTIONS
 220.18, 220.21, 220.41, 220.43, 220.44 AND 220.77 of such law;
   (D-1)  CERTAIN  CONTROLLED SUBSTANCE OFFENSES INCLUDING USE OF A CHILD
 TO COMMIT A CONTROLLED SUBSTANCE OFFENSE AS DEFINED IN SECTION 220.28 OF
 THE PENAL LAW AND CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD  AS
 DEFINED IN SECTION 220.48 OF THE PENAL LAW;
   (e)  a felony sex offense defined in section 70.80 of the penal law or
 a crime involving incest as defined in section 255.25, 255.26 or  255.27
 of  such  law,  PROMOTING PROSTITUTION IN THE FIRST DEGREE AS DEFINED IN
 SECTION 230.32 OF THE PENAL LAW, COMPELLING PROSTITUTION AS  DEFINED  IN
 SECTION  230.33 OF THE PENAL LAW or a misdemeanor defined in article one
 hundred thirty of such law;
   (f) conspiracy in the second degree as defined in  section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one  hundred  twenty-five of the penal law, CRIMINAL SOLICITATION IN THE
 FIRST DEGREE AS DEFINED IN SECTION 100.13 OF THE PENAL LAW  OR  CRIMINAL
 FACILITATION  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 115.08 OF THE
 PENAL LAW;
   (g) money laundering in support of terrorism in the  first  degree  as
 defined  in section 470.24 of the penal law; money laundering in support
 of terrorism in the second degree as defined in section  470.23  of  the
 penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE FOURTH DEGREE
 AS  DEFINED  IN  SECTION  470.21  OF  THE PENAL LAW, MONEY LAUNDERING IN
 SUPPORT OF TERRORISM IN THE THIRD DEGREE AS DEFINED IN SECTION 470.22 OF
 THE PENAL LAW, or a felony crime of terrorism as defined in article four
 hundred ninety of the penal  law[,  other  than  the  crime  defined  in
 section 490.20 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)  PROMOTING  PROSTITUTION  IN  A  SCHOOL ZONE AS DEFINED IN SECTION
 230.19 OF THE PENAL LAW, 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, PATRONIZING A PERSON FOR PROSTITUTION
 IN A SCHOOL ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW,  PROMOT-
 ING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD AS DEFINED IN SECTION
 263.10 OF THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE  BY  A
 CHILD  AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, PROMOTING A SEXUAL
 PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF  THE  PENAL  LAW,
 FAILURE TO REGISTER AS A SEX OFFENDER AS DEFINED IN SECTION 168-T OF THE
 CORRECTION  LAW  or  luring  a  child  as  defined in subdivision one of
 section 120.70 of the penal law[.];
   (J) CERTAIN OFFENSES AGAINST PUBLIC ADMINISTRATION INCLUDING OBSTRUCT-
 ING GOVERNMENTAL ADMINISTRATION IN  THE  SECOND  DEGREE  AS  DEFINED  IN
 SECTION 195.05 OF THE PENAL LAW, OBSTRUCTING GOVERNMENTAL ADMINISTRATION
 IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 195.07, OBSTRUCTING GOVERN-

 S. 6407                             3
 
 MENTAL ADMINISTRATION BY MEANS OF A SELF-DEFENSE SPRAY DEVICE AS DEFINED
 IN SECTION 195.08, BRIBERY IN THE FIRST DEGREE  AS  DEFINED  IN  SECTION
 200.04  OF THE PENAL LAW, BRIBE RECEIVING IN THE FIRST DEGREE AS DEFINED
 IN  SECTION  200.12  OF THE PENAL LAW, BRIBE GIVING FOR PUBLIC OFFICE AS
 DEFINED IN SECTION 200.45 OF THE PENAL LAW, PROMOTING PRISON  CONTRABAND
 IN  THE  SECOND  DEGREE  AS  DEFINED IN SECTION 205.20 OF THE PENAL LAW,
 PROMOTING PRISON CONTRABAND IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 205.25  OF  THE PENAL LAW, RESISTING ARREST AS DEFINED IN SECTION 205.30
 OF THE PENAL LAW, HINDERING PROSECUTION IN THE FIRST DEGREE  AS  DEFINED
 IN  SECTION 205.65 OF THE PENAL LAW, TAMPERING WITH A JUROR IN THE FIRST
 DEGREE AS DEFINED IN SECTION 215.25 OF THE PENAL LAW OR  TAMPERING  WITH
 PHYSICAL EVIDENCE AS DEFINED IN SECTION 215.40 OF THE PENAL LAW;
   (K) CERTAIN OFFENSE AGAINST PUBLIC ORDER, PUBLIC SENSIBILITIES AND THE
 RIGHT  TO PRIVACY INCLUDING AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS
 DEFINED IN SECTION 240.31 OF THE PENAL LAW OR DIRECTING A  LASER  AT  AN
 AIRCRAFT  IN  THE FIRST DEGREE AS DEFINED IN SECTION 240.77 OF THE PENAL
 LAW;
   (L)  CERTAIN  OFFENSES  AGAINST  PUBLIC  SAFETY   INCLUDING   CRIMINAL
 POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN SECTION 265.01
 OF  THE PENAL LAW OR CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN
 SECTION 265.16 OF THE PENAL LAW;
   (M) CERTAIN OFFENSES RELATED TO ORGANIZED CRIME  INCLUDING  ENTERPRISE
 CORRUPTION  AS DEFINED IN SECTION 460.20 OF THE PENAL LAW OR MONEY LAUN-
 DERING IN THE FIRST DEGREE AS DEFINED IN SECTION  470.20  OF  THE  PENAL
 LAW; OR
   (N)  CERTAIN  OFFENSES RELATED TO ANIMALS INCLUDING AGGRAVATED CRUELTY
 TO ANIMALS AS DEFINED IN SECTION  THREE  HUNDRED  FIFTY-THREE-A  OF  THE
 AGRICULTURE   AND  MARKETS  LAW,  OVERDRIVING,  TORTURING  AND  INJURING
 ANIMALS; FAILURE TO PROVIDE PROPER  SUSTENANCE  AS  DEFINED  IN  SECTION
 THREE  HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW, OR ANIMAL
 FIGHTING AS DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF  THE  AGRICUL-
 TURE AND MARKETS LAW.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
 effect.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6407--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2019
                                ___________
 
 Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, SAVINO
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Rules -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend the criminal procedure law, in relation to qualifying
   offenses for pre-trial detention
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (d), (e), (f), (g), (h) and (i) of subdivi-
 sion  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
 six new paragraphs (d-1), (j), (k), (l), (m) and (n) are added  to  read
 as follows:
   (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] ASSAULT IN THE THIRD
 DEGREE AS DEFINED IN SECTION 120.00 OF THE PENAL LAW, AGGRAVATED VEHICU-
 LAR  ASSAULT AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW, AGGRAVATED
 ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS OLD AS DEFINED  IN  SECTION
 120.12  OF  THE  PENAL  LAW, CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN
 SECTION 125.10 OF  THE  PENAL  LAW,  AGGRAVATED  VEHICULAR  HOMICIDE  AS
 DEFINED  IN  SECTION 125.14 OF THE PENAL LAW, MANSLAUGHTER IN THE SECOND
 DEGREE AS DEFINED IN SECTION 125.15 OF THE PENAL LAW; UNLAWFUL IMPRISON-
 MENT IN THE FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL  LAW,
 COERCION  IN  THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE PENAL
 LAW, ARSON IN THE FOURTH DEGREE AS DEFINED  IN  SECTION  150.05  OF  THE
 PENAL LAW, ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10, GRAND
 LARCENY  IN  THE  FIRST DEGREE AS DEFINED IN SECTION 155.42 OF THE PENAL
 LAW, CRIMINAL POSSESSION OF A WEAPON ON SCHOOL  GROUNDS  AS  DEFINED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13220-06-9
              

 S. 6407--A                          2
 
 SECTION  265.01-A  OF THE PENAL LAW, OR CRIMINAL POSSESSION OF A FIREARM
 AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW;
   (d)  a  class A felony defined in the penal law, other than in article
 two hundred twenty of such law with the exception of [section]  SECTIONS
 220.18, 220.21, 220.41, 220.43, 220.44 AND 220.77 of such law;
   (D-1)  USE  OF  A  CHILD  TO  COMMIT A CONTROLLED SUBSTANCE OFFENSE AS
 DEFINED IN SECTION 220.28 OF THE  PENAL  LAW  AND  CRIMINAL  SALE  OF  A
 CONTROLLED  SUBSTANCE  TO  A  CHILD  AS DEFINED IN SECTION 220.48 OF THE
 PENAL LAW;
   (e) a felony sex offense defined in section 70.80 of the penal law  or
 a  crime involving incest as defined in section 255.25, 255.26 or 255.27
 of such law, PROMOTING PROSTITUTION IN THE FIRST DEGREE  AS  DEFINED  IN
 SECTION  230.32  OF THE PENAL LAW, COMPELLING PROSTITUTION AS DEFINED IN
 SECTION 230.33 OF THE PENAL LAW or a misdemeanor defined in article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law, CRIMINAL SOLICITATION  IN  THE
 FIRST  DEGREE  AS DEFINED IN SECTION 100.13 OF THE PENAL LAW OR CRIMINAL
 FACILITATION IN THE FIRST DEGREE AS DEFINED IN  SECTION  115.08  OF  THE
 PENAL LAW;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE FOURTH DEGREE
 AS DEFINED IN SECTION 470.21 OF  THE  PENAL  LAW,  MONEY  LAUNDERING  IN
 SUPPORT OF TERRORISM IN THE THIRD DEGREE AS DEFINED IN SECTION 470.22 OF
 THE PENAL LAW, or a felony crime of terrorism as defined in article four
 hundred  ninety  of  the  penal  law[,  other  than the crime defined in
 section 490.20 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) PROMOTING PROSTITUTION IN A SCHOOL  ZONE  AS  DEFINED  IN  SECTION
 230.19  OF  THE  PENAL LAW, 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, PATRONIZING A PERSON  FOR  PROSTITUTION
 IN  A SCHOOL ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW, PROMOT-
 ING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  AS  DEFINED  IN  SECTION
 263.10  OF  THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A
 CHILD AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, PROMOTING A  SEXUAL
 PERFORMANCE  BY  A  CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW,
 FAILURE TO REGISTER AS A SEX OFFENDER AS DEFINED IN SECTION 168-T OF THE
 CORRECTION LAW or luring a  child  as  defined  in  subdivision  one  of
 section 120.70 of the penal law[.];
   (J)  OBSTRUCTING  GOVERNMENTAL  ADMINISTRATION IN THE SECOND DEGREE AS
 DEFINED IN SECTION 195.05 OF THE  PENAL  LAW,  OBSTRUCTING  GOVERNMENTAL

 S. 6407--A                          3
 
 ADMINISTRATION  IN  THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION 195.07,
 OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF A SELF-DEFENSE SPRAY
 DEVICE AS DEFINED IN SECTION 195.08, BRIBERY  IN  THE  FIRST  DEGREE  AS
 DEFINED IN SECTION 200.04 OF THE PENAL LAW, BRIBE RECEIVING IN THE FIRST
 DEGREE  AS  DEFINED IN SECTION 200.12 OF THE PENAL LAW, BRIBE GIVING FOR
 PUBLIC OFFICE AS DEFINED IN SECTION 200.45 OF THE PENAL  LAW,  PROMOTING
 PRISON  CONTRABAND  IN THE SECOND DEGREE AS DEFINED IN SECTION 205.20 OF
 THE PENAL LAW, PROMOTING  PRISON  CONTRABAND  IN  THE  FIRST  DEGREE  AS
 DEFINED  IN SECTION 205.25 OF THE PENAL LAW, RESISTING ARREST AS DEFINED
 IN SECTION 205.30 OF THE PENAL LAW, HINDERING PROSECUTION IN  THE  FIRST
 DEGREE  AS  DEFINED IN SECTION 205.65 OF THE PENAL LAW, TAMPERING WITH A
 JUROR IN THE FIRST DEGREE AS DEFINED IN SECTION 215.25 OF THE PENAL  LAW
 OR  TAMPERING WITH PHYSICAL EVIDENCE AS DEFINED IN SECTION 215.40 OF THE
 PENAL LAW;
   (K) PUBLIC SENSIBILITIES AND THE RIGHT TO PRIVACY INCLUDING AGGRAVATED
 HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 240.31 OF THE PENAL
 LAW OR DIRECTING A LASER AT AN AIRCRAFT IN THE FIRST DEGREE  AS  DEFINED
 IN SECTION 240.77 OF THE PENAL LAW;
   (L) CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN
 SECTION 265.01 OF THE PENAL LAW OR CRIMINAL SALE OF A FIREARM TO A MINOR
 AS DEFINED IN SECTION 265.16 OF THE PENAL LAW;
   (M)  ENTERPRISE  CORRUPTION  AS DEFINED IN SECTION 460.20 OF THE PENAL
 LAW OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION 470.20
 OF THE PENAL LAW; OR
   (N) AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE  HUNDRED
 FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW, OVERDRIVING, TORTURING
 AND INJURING ANIMALS; FAILURE TO PROVIDE PROPER SUSTENANCE AS DEFINED IN
 SECTION THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW, OR
 ANIMAL  FIGHTING  AS  DEFINED  IN SECTION THREE HUNDRED FIFTY-ONE OF THE
 AGRICULTURE AND MARKETS LAW.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
 effect.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6407--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 7, 2019
                                ___________
 
 Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, HARCK-
   HAM, SAVINO -- read twice and ordered printed, and when printed to  be
   committed  to  the  Committee  on  Rules -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, in  relation  to  qualifying
   offenses for pre-trial detention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (a), (d), (e), (f), (g), (h) and (i) of subdivi-
 sion 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
 six  new  paragraphs (d-1), (j), (k), (l), (m) and (n) are added to read
 as follows:
   (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] ASSAULT IN THE THIRD
 DEGREE AS DEFINED IN SECTION 120.00 OF THE PENAL LAW, AGGRAVATED VEHICU-
 LAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE PENAL LAW,  AGGRAVATED
 ASSAULT  UPON  A PERSON LESS THAN ELEVEN YEARS OLD AS DEFINED IN SECTION
 120.12 OF THE PENAL LAW, STALKING IN THE FOURTH  DEGREE  AS  DEFINED  IN
 SECTION 120.45 OF THE PENAL LAW, STALKING IN THE THIRD DEGREE AS DEFINED
 IN  SECTION  120.50  OF  THE PENAL LAW, STALKING IN THE SECOND DEGREE AS
 DEFINED IN SECTION 120.55 OF THE PENAL LAW, STALKING IN THE FIRST DEGREE
 AS DEFINED IN SECTION 120.60 OF  THE  PENAL  LAW,  CRIMINALLY  NEGLIGENT
 HOMICIDE  AS  DEFINED  IN  SECTION  125.10  OF THE PENAL LAW, AGGRAVATED
 VEHICULAR HOMICIDE AS DEFINED  IN  SECTION  125.14  OF  THE  PENAL  LAW,
 MANSLAUGHTER  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 125.15 OF THE
 PENAL LAW; UNLAWFUL IMPRISONMENT IN  THE  FIRST  DEGREE  AS  DEFINED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13220-10-9

 S. 6407--B                          2
 
 SECTION 135.10 OF THE PENAL LAW, COERCION IN THE FIRST DEGREE AS DEFINED
 IN  SECTION  135.65  OF  THE  PENAL  LAW,  ARSON IN THE FOURTH DEGREE AS
 DEFINED IN SECTION 150.05 OF THE PENAL LAW, ARSON IN THE THIRD DEGREE AS
 DEFINED  IN SECTION 150.10, GRAND LARCENY IN THE FIRST DEGREE AS DEFINED
 IN SECTION 155.42 OF THE PENAL LAW, CRIMINAL POSSESSION OF A  WEAPON  ON
 SCHOOL GROUNDS AS DEFINED IN SECTION 265.01-A OF THE PENAL LAW, OR CRIM-
 INAL POSSESSION OF A FIREARM AS DEFINED IN SECTION 265.01-B OF THE PENAL
 LAW;
   (d)  a  class A felony defined in the penal law, other than in article
 two hundred twenty of such law with the exception of [section]  SECTIONS
 220.18, 220.21, 220.41, 220.43, 220.44 AND 220.77 of such law;
   (D-1)  USE  OF  A  CHILD  TO  COMMIT A CONTROLLED SUBSTANCE OFFENSE AS
 DEFINED IN SECTION 220.28 OF THE  PENAL  LAW  AND  CRIMINAL  SALE  OF  A
 CONTROLLED  SUBSTANCE  TO  A  CHILD  AS DEFINED IN SECTION 220.48 OF THE
 PENAL LAW;
   (e) a felony sex offense defined in section 70.80 of the penal law  or
 a  crime involving incest as defined in section 255.25, 255.26 or 255.27
 of such law, PROMOTING PROSTITUTION IN THE FIRST DEGREE  AS  DEFINED  IN
 SECTION  230.32  OF THE PENAL LAW, COMPELLING PROSTITUTION AS DEFINED IN
 SECTION 230.33 OF THE PENAL LAW or a misdemeanor defined in article  one
 hundred thirty of such law;
   (f)  conspiracy  in  the second degree as defined in section 105.15 of
 the penal law, where the underlying allegation of such  charge  is  that
 the  defendant  conspired  to commit a class A felony defined in article
 one hundred twenty-five of the penal law, CRIMINAL SOLICITATION  IN  THE
 FIRST  DEGREE  AS DEFINED IN SECTION 100.13 OF THE PENAL LAW OR CRIMINAL
 FACILITATION IN THE FIRST DEGREE AS DEFINED IN  SECTION  115.08  OF  THE
 PENAL LAW;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE FOURTH DEGREE
 AS DEFINED IN SECTION 470.21 OF  THE  PENAL  LAW,  MONEY  LAUNDERING  IN
 SUPPORT OF TERRORISM IN THE THIRD DEGREE AS DEFINED IN SECTION 470.22 OF
 THE PENAL LAW, or a felony crime of terrorism as defined in article four
 hundred  ninety  of  the  penal  law[,  other  than the crime defined in
 section 490.20 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) PROMOTING PROSTITUTION IN A SCHOOL  ZONE  AS  DEFINED  IN  SECTION
 230.19  OF  THE  PENAL LAW, 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, PATRONIZING A PERSON  FOR  PROSTITUTION
 IN  A SCHOOL ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW, PROMOT-
 ING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  AS  DEFINED  IN  SECTION
 263.10  OF  THE PENAL LAW, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A
 CHILD AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, PROMOTING A  SEXUAL

 S. 6407--B                          3
 
 PERFORMANCE  BY  A  CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW,
 FAILURE TO REGISTER AS A SEX OFFENDER AS DEFINED IN SECTION 168-T OF THE
 CORRECTION LAW or luring a  child  as  defined  in  subdivision  one  of
 section 120.70 of the penal law[.];
   (J)  OBSTRUCTING  GOVERNMENTAL  ADMINISTRATION IN THE SECOND DEGREE AS
 DEFINED IN SECTION 195.05 OF THE  PENAL  LAW,  OBSTRUCTING  GOVERNMENTAL
 ADMINISTRATION  IN  THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION 195.07,
 OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF A SELF-DEFENSE SPRAY
 DEVICE AS DEFINED IN SECTION 195.08, BRIBERY  IN  THE  FIRST  DEGREE  AS
 DEFINED IN SECTION 200.04 OF THE PENAL LAW, BRIBE RECEIVING IN THE FIRST
 DEGREE  AS  DEFINED IN SECTION 200.12 OF THE PENAL LAW, BRIBE GIVING FOR
 PUBLIC OFFICE AS DEFINED IN SECTION 200.45 OF THE PENAL  LAW,  PROMOTING
 PRISON  CONTRABAND  IN THE SECOND DEGREE AS DEFINED IN SECTION 205.20 OF
 THE PENAL LAW, PROMOTING  PRISON  CONTRABAND  IN  THE  FIRST  DEGREE  AS
 DEFINED  IN SECTION 205.25 OF THE PENAL LAW, RESISTING ARREST AS DEFINED
 IN SECTION 205.30 OF THE PENAL LAW, HINDERING PROSECUTION IN  THE  FIRST
 DEGREE  AS  DEFINED IN SECTION 205.65 OF THE PENAL LAW, TAMPERING WITH A
 JUROR IN THE FIRST DEGREE AS DEFINED IN SECTION 215.25 OF THE PENAL  LAW
 OR  TAMPERING WITH PHYSICAL EVIDENCE AS DEFINED IN SECTION 215.40 OF THE
 PENAL LAW;
   (K) PUBLIC SENSIBILITIES AND THE RIGHT TO PRIVACY INCLUDING AGGRAVATED
 HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION 240.31 OF THE PENAL
 LAW OR DIRECTING A LASER AT AN AIRCRAFT IN THE FIRST DEGREE  AS  DEFINED
 IN SECTION 240.77 OF THE PENAL LAW;
   (L) CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN
 SECTION 265.01 OF THE PENAL LAW OR CRIMINAL SALE OF A FIREARM TO A MINOR
 AS DEFINED IN SECTION 265.16 OF THE PENAL LAW;
   (M)  ENTERPRISE  CORRUPTION  AS DEFINED IN SECTION 460.20 OF THE PENAL
 LAW OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION 470.20
 OF THE PENAL LAW; OR
   (N) AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE  HUNDRED
 FIFTY-THREE-A OF THE AGRICULTURE AND MARKETS LAW, OVERDRIVING, TORTURING
 AND INJURING ANIMALS; FAILURE TO PROVIDE PROPER SUSTENANCE AS DEFINED IN
 SECTION THREE HUNDRED FIFTY-THREE OF THE AGRICULTURE AND MARKETS LAW, OR
 ANIMAL  FIGHTING  AS  DEFINED  IN SECTION THREE HUNDRED FIFTY-ONE OF THE
 AGRICULTURE AND MARKETS LAW.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes
 effect.