Senate Bill S7111

2019-2020 Legislative Session

Relates to securing orders for principals charged with hate crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S7111 (ACTIVE) - Details

See Assembly Version of this Bill:
A8944
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S7250, A2603
2023-2024: A209

2019-S7111 (ACTIVE) - Summary

Includes hate crimes as a qualifying offense for the purposes of a court's determination to 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.

2019-S7111 (ACTIVE) - Sponsor Memo

2019-S7111 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7111
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 securing
   orders for principals charged with hate crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (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 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]
   (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; OR
   (J)  A  CRIME INVOLVING A HATE CRIME UNDER SECTION 485.05 OF THE PENAL
 LAW.
   § 2. Subparagraphs (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  to  read  as
 follows:
   (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

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