NY State Senate Bill 2019-S7146

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes

co-Sponsors

View additional co-sponsors

2019-S7146 (ACTIVE) - Details

See Assembly Version of this Bill:: A9582
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2021-2022 Legislative Session:: S2027, A6856

2019-S7146 (ACTIVE) - Summary

Adds serious crimes to those offenses that qualify for bail and pre-trial detention such as but not limited to hate crimes.

2019-S7146 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7146

SPONSOR: AKSHAR
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to adding seri-
ous crimes to those offenses that qualify for bail and pre-trial
detention

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill adds serious crimes to those offenses that qualify for bail
and pre-trial detention.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the following paragraphs of subdivision 4 of section
510.10 the criminal procedure law:

(g) money laundering in support of terrorism in the third degree as
defined in section 470.22 of the penal law; money laundering in support

of terrorism in the fourth degree as defined in section 470.21 of the
penal law; or a misdemeanor or felony crime defined in article four
hundred ninety of the penal law.

Part (i) is amended to include a misdemeanor or felony defined in arti-
cle two hundred sixty-three of the penal law

(j) a felony enumerated in article two hundred twenty of the penal law;

(k) a hate crime defined in article four hundred eighty-five of the
penal law; manslaughter in the second degree as defined in section
125.15 of the penal law; criminally negligent homicide as defined in
section 125.10 of the penal law;

(n) reckless assault of a child as defined in section 120.02 of the
penal law, reckless assault of a child by a child day care provider as
defined in section 120.01 of the penal law, aggravated assault upon a
person less than eleven years old as defined in section 120.12 of the
penal law or assault in the third degree as defined by section 120.00 of
the penal law;

(o) burglary in the third degree as defined in section 140.20 of the
penal law and robbery in the third degree as defined in section 160.05
of the penal law;

(p) stalking in the second degree as defined in section 120.55 of the
penal law, stalking in the third degree as defined in section 120.50 of
the penal law or stalking in the fourth degree as defined in section
120.45 of the penal law;

(q) aggravated vehicular manslaughter as defined in section 125.14 of
the penal law;

(r) vehicular manslaughter in the first degree as defined in section
125.13 of the penal law or vehicular manslaughter in the second degree
as defined in section 125.12 of the penal law; (s) menacing in the first
degree as defined in section 120.13 of the penal law, menacing in the

second degree as defined in section 120.14 of the penal law or menacing
in the third degree as defined in section 120.15 of the penal law;

(t) unlawful imprisonment in the first degree as defined in section
135.10 of the penal law;

(u) coercion in the first degree as defined in section 135.65 of the
penal law;

(v) arson in the third degree as defined in section 150.10 of the penal
law and arson in the fourth degree as defined in section 150.05 of the
penal law;

(w) 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;

(x) patronizing a person for prostitution in a school zone as defined in
section 230.08 of the penal law;

(y) failure to register or verify as a sex offender as defined in
section one hundred sixty-eight-t of the correction law;

(z) aggravated harassment in the first degree as defined in section
240.31 of the penal law; or

(aa) aggravated cruelty to animals as defined in section three hundred
fifty three-a of the agriculture and markets law, overriding, 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.

Section 2 amends the following paragraphs of subdivision 1 of section
530.20 the criminal procedure law:

(vii) money laundering in support of terrorism in the third degree as
defined in section 470.22 of the penal law; money laundering in support
of terrorism in the fourth degree as defined in section 470.21 of the
penal law; or a misdemeanor or felony crime defined in article four
hundred ninety of the penal law;

(ix) a misdemeanor or felony defined in article two hundred sixty-three
of the penal law

(x) a felony enumerated in article two hundred twenty of the penal law;

(xi) a hate crime defined in article four hundred eighty-five of the
penal law;

(xii) manslaughter in the second degree as defined in section 125.15 of
the penal law;

(xiii) criminally negligent homicide as defined in section 125.10 of the
penal law;

(xiv) reckless assault of a child as defined in section 120.02 of the
penal law, reckless assault of a child by a child day care provider as
defined in section 120.01 of the penal law, aggravated assault upon a
person less than eleven years old as defined in section 120.12 of the
penal law or assault in the third degree as defined by section 120.00 of
the penal law;

(xv) burglary in the third degree as defined in section 140.20 of the
penal law and robbery in the third degree as defined in section 160.05
of the penal law;

(xvi) stalking in the second degree as defined in section 120.55 of the
penal law, stalking in the third degree as defined in section 120.50 of
the penal law or stalking in the fourth degree as defined in section
120.45 of the penal law;

(xvii) aggravated vehicular manslaughter as defined in section 125.14 of
the penal law;

(xviii) vehicular manslaughter in the first degree as defined in section
125.13 of the penal law or vehicular manslaughter in the second degree
as defined in section 125.12 of the penal law;

(xix) menacing in the first degree as defined in section 120.13 of the
penal law, menacing in the second degree as defined in section 120.14 of
the penal law or menacing in the third degree as defined in section
120.15 of the penal law;

(xx) unlawful imprisonment in the first degree as defined in section
135.10 of the penal law;

(xxi) coercion in the first degree as defined in section 135.65 of the
penal law;

(xxii) arson in the third degree as defined in section 150.10 of the
penal law and arson in the fourth degree as defined in section 150.05 of
the penal law;

(xxiii) 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;

(xxiv) patronizing a person for prostitution in a school zone as defined
in section 230.08 of the penal law;

(xxv) failure to register or verify as a sex offender as defined in
section one hundred sixty-eight-t of the correction law;

(xxvi) aggravated harassment in the first degree as defined in section
240.31 of the penal law; or

(xxvii) aggravated cruelty to animals as defined in section three
hundred fifty-three-a of the agriculture and markets law, overriding,
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.

Section 3 amends the following paragraphs of subdivision 4 of section
530.40 the criminal procedure law:
(g) money laundering in support of terrorism in the third degree as
defined in section 470.22 of the penal law; money laundering in support
of terrorism in the fourth degree as defined in section 470.21 of the
penal law; or a misdemeanor or felony crime defined in article four
hundred ninety of the penal law;

(i) a misdemeanor or felony defined in article two hundred sixty-three
of the penal law

(j) a felony enumerated in article two hundred twenty of the penal law;

(k) a hate crime defined in article four hundred eighty-five of the
penal;

(1) manslaughter in the second degree as defined in section 125.15 of
the penal law;

(m) criminally negligent homicide as defined in section 125.10 of the
penal law;

(n) reckless assault of a child as defined in section 120.02 of the
penal law, reckless assault of a child by a child day care provider as
defined in section 120.01 of the penal law, aggravated assault upon a
person less than eleven years old as defined in section 120.12 of the
penal law or assault in the third degree as defined by section 120.00 of
the penal law;

(o) burglary in the third degree as defined in section 140.20 of the
penal law and robbery in the third degree as defined in section 160.05
of the penal law;

(p) stalking in the second degree as defined in section 120.55 of the
penal law, stalking in the third degree as defined in section 120.50 of
the penal law or stalking in the fourth degree as defined in section
120.45 of the penal law;

(q) aggravated vehicular manslaughter as defined in section 125.14 of
the penal law;

(r) vehicular manslaughter in the first degree as defined in section
125.13 of the penal law or vehicular manslaughter in the second degree
as defined in section 125.12 of the penal law;

(s) menacing in the first degree as defined in section 120.13 of the
penal law, menacing in the second degree as defined in section 120.14 of
the penal law or menacing in the third degree as defined in section
120.15 of the penal law;

(t) unlawful imprisonment in the first degree as defined in section
135.10 of the penal law;

(u) coercion in the first degree as defined in section 135.65 of the
penal law;

(v) arson in the third degree as defined in section 150.10 of the penal
law and arson in the fourth degree as defined in section 150.05 of the
penal law;

(w) 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;

(x) patronizing a person for prostitution in a school zone as defined in
section 230.08 of the penal law;

(y) failure to register or verify as a sex offender as defined in
section one hundred sixty-eight-t of the correction law;

(z) aggravated harassment in the first degree as defined in section
240.31 of the penal law; or

(aa) aggravated cruelty to animals as defined in section three hundred
fifty-three-a of the agriculture and markets law, overriding, 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.

Section 4 states that the act shall take effect immediately.

 
JUSTIFICATION:

After the enactment of the bail reforms included in the 2019-2020 State
Budget individuals accused of manslaughter, sexual misconduct with chil-
dren, conspiracy and facilitation of rape, hate crimes, assault,
burglary and more have been released out into our communities across our
state. This poses a serious threat to the safety of all New Yorkers.

This bill restores bail and pre-trial detention for the violent and
dangerous crimes that require it, including manslaughter in the 2nd
degree, criminally negligent homicide, reckless assault of a child,
facilitating a sexual performance by a child, aggravated vehicular
manslaughter, menacing, unlawful imprisonment, arson, criminal
possession of a weapon on school grounds, failure to register as a sex
offender, aggravated cruelty to animals, animal torture, stalking,
burglary, robbery, hate crimes, patronizing a person for prostitution in
a school zone, money laundering in support of terrorism, and aggravated
assault.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S7146 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7146
 
                             I N  S E N A T E
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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 adding  seri-
   ous  crimes  to  those  offenses  that  qualify for bail and pre-trial
   detention
 
   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), (g), (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 eighteen new paragraphs (j), (k), (l), (m), (n),  (o),  (p),
 (q),  (r), (s), (t), (u), (v), (w), (x), (y), (z), and (aa) 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 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];
   (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 THIRD  DEGREE
 AS  DEFINED  IN  SECTION  470.22  OF  THE PENAL LAW; MONEY LAUNDERING IN
 SUPPORT OF TERRORISM IN THE FOURTH DEGREE AS DEFINED IN  SECTION  470.21
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD14640-02-0

 S. 7146                             2
 
 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] MISDEMEANOR OR FELONY CRIME DEFINED IN ARTI-
 CLE FOUR HUNDRED NINETY OF THE PENAL 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] A MISDEMEANOR  OR  FELONY  DEFINED  IN  ARTICLE  TWO  HUNDRED
 SIXTY-THREE OF THE PENAL LAW or luring a child as defined in subdivision
 one of section 120.70 of the penal law[.];
   (J)  A  FELONY  ENUMERATED  IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
 LAW;
   (K) A HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED  EIGHTY-FIVE  OF  THE
 PENAL LAW;
   (L)  MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15 OF
 THE PENAL LAW;
   (M) CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF  THE
 PENAL LAW;
   (N)  RECKLESS  ASSAULT  OF A CHILD AS DEFINED IN SECTION 120.02 OF THE
 PENAL LAW, RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE  PROVIDER  AS
 DEFINED  IN  SECTION  120.01 OF THE PENAL LAW, AGGRAVATED ASSAULT UPON A
 PERSON LESS THAN ELEVEN YEARS OLD AS DEFINED IN SECTION  120.12  OF  THE
 PENAL LAW OR ASSAULT IN THE THIRD DEGREE AS DEFINED BY SECTION 120.00 OF
 THE PENAL LAW;
   (O)  BURGLARY  IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF THE
 PENAL LAW AND ROBBERY IN THE THIRD DEGREE AS DEFINED IN  SECTION  160.05
 OF THE PENAL LAW;
   (P)  STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF THE
 PENAL LAW, STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50  OF
 THE  PENAL  LAW  OR  STALKING IN THE FOURTH DEGREE AS DEFINED IN SECTION
 120.45 OF THE PENAL LAW;
   (Q) AGGRAVATED VEHICULAR MANSLAUGHTER AS DEFINED IN SECTION 125.14  OF
 THE PENAL LAW;
   (R)  VEHICULAR  MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION
 125.13 OF THE PENAL LAW OR VEHICULAR MANSLAUGHTER IN THE  SECOND  DEGREE
 AS DEFINED IN SECTION 125.12 OF THE PENAL LAW;
   (S)  MENACING  IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE
 PENAL LAW, MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14 OF
 THE PENAL LAW OR MENACING IN THE THIRD  DEGREE  AS  DEFINED  IN  SECTION
 120.15 OF THE PENAL LAW;
   (T)  UNLAWFUL  IMPRISONMENT  IN THE FIRST DEGREE AS DEFINED IN SECTION
 135.10 OF THE PENAL LAW;
   (U) COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65  OF  THE
 PENAL LAW;

 S. 7146                             3
 
   (V)  ARSON  IN  THE  THIRD  DEGREE AS DEFINED IN SECTION 150.10 OF THE
 PENAL LAW AND ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF
 THE PENAL LAW;
   (W)  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;
   (X) PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE AS  DEFINED
 IN SECTION 230.08 OF THE PENAL LAW;
   (Y)  FAILURE  TO  REGISTER  OR  VERIFY AS A SEX OFFENDER AS DEFINED IN
 SECTION ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW;
   (Z) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 240.31 OF THE PENAL LAW; OR
   (AA) AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A  OF THE AGRICULTURE AND MARKETS LAW, OVERRIDING, 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. The opening paragraph and subparagraphs (i), (iv), (vii), (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 eighteen new subparagraphs (x),
 (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xviii),  (xix),  (xx),
 (xxi),  (xxii),  (xxiii), (xxiv), (xxv), (xxvi) and (xxvii) 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];
   (vii)  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 THIRD  DEGREE
 AS  DEFINED  IN  SECTION  470.22  OF  THE PENAL LAW; MONEY LAUNDERING IN
 SUPPORT OF TERRORISM IN THE FOURTH DEGREE AS DEFINED IN  SECTION  470.21
 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] MISDEMEANOR OR FELONY CRIME DEFINED IN ARTI-
 CLE FOUR HUNDRED NINETY OF THE PENAL 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

 S. 7146                             4
 
 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]  A  MISDEMEANOR  OR  FELONY  DEFINED  IN ARTICLE TWO HUNDRED
 SIXTY-THREE OF THE PENAL LAW or luring a child as defined in subdivision
 one of section 120.70 of the penal law[.];
   (X) A FELONY ENUMERATED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL
 LAW;
   (XI)  A  HATE CRIME DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE
 PENAL LAW;
   (XII) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN  SECTION  125.15
 OF THE PENAL LAW;
   (XIII)  CRIMINALLY  NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF
 THE PENAL LAW;
   (XIV) RECKLESS ASSAULT OF A CHILD AS DEFINED IN SECTION 120.02 OF  THE
 PENAL  LAW,  RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION 120.01 OF THE PENAL LAW, AGGRAVATED  ASSAULT  UPON  A
 PERSON  LESS  THAN  ELEVEN YEARS OLD AS DEFINED IN SECTION 120.12 OF THE
 PENAL LAW OR ASSAULT IN THE THIRD DEGREE AS DEFINED BY SECTION 120.00 OF
 THE PENAL LAW;
   (XV) BURGLARY IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF  THE
 PENAL  LAW  AND ROBBERY IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05
 OF THE PENAL LAW;
   (XVI) STALKING IN THE SECOND DEGREE AS DEFINED IN  SECTION  120.55  OF
 THE PENAL LAW, STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50
 OF  THE PENAL LAW OR STALKING IN THE FOURTH DEGREE AS DEFINED IN SECTION
 120.45 OF THE PENAL LAW;
   (XVII) AGGRAVATED VEHICULAR MANSLAUGHTER AS DEFINED IN SECTION  125.14
 OF THE PENAL LAW;
   (XVIII)  VEHICULAR  MANSLAUGHTER  IN  THE  FIRST  DEGREE AS DEFINED IN
 SECTION 125.13 OF THE PENAL LAW OR VEHICULAR MANSLAUGHTER IN THE  SECOND
 DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW;
   (XIX) MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE
 PENAL LAW, MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14 OF
 THE  PENAL  LAW  OR  MENACING  IN THE THIRD DEGREE AS DEFINED IN SECTION
 120.15 OF THE PENAL LAW;
   (XX) UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE AS DEFINED  IN  SECTION
 135.10 OF THE PENAL LAW;
   (XXI) COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE
 PENAL LAW;
   (XXII)  ARSON  IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF THE
 PENAL LAW AND ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF
 THE PENAL LAW;
   (XXIII) 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;
   (XXIV)  PATRONIZING  A  PERSON  FOR  PROSTITUTION  IN A SCHOOL ZONE AS
 DEFINED IN SECTION 230.08 OF THE PENAL LAW;
   (XXV) FAILURE TO REGISTER OR VERIFY AS A SEX OFFENDER  AS  DEFINED  IN
 SECTION ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW;

 S. 7146                             5
 
   (XXVI) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW; OR
   (XXVII)  AGGRAVATED  CRUELTY  TO  ANIMALS  AS DEFINED IN SECTION THREE
 HUNDRED FIFTY-THREE-A OF THE AGRICULTURE AND  MARKETS  LAW,  OVERRIDING,
 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.
   § 3. The opening paragraph and paragraphs (a), (d), (g), (h)  and  (i)
 of  subdivision  4  of  section 530.40 of the criminal procedure law, as
 added by section 18 of part JJJ of chapter 59 of the laws of  2019,  are
 amended  and  eighteen new paragraphs (j), (k), (l), (m), (n), (o), (p),
 (q), (r), (s), (t), (u), (v), (w), (x), (y), (z) and (aa) 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 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];
   (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 THIRD DEGREE
 AS DEFINED IN SECTION 470.22 OF  THE  PENAL  LAW;  MONEY  LAUNDERING  IN
 SUPPORT  OF  TERRORISM IN THE FOURTH DEGREE AS DEFINED IN SECTION 470.21
 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] MISDEMEANOR OR FELONY CRIME DEFINED IN ARTI-
 CLE FOUR HUNDRED NINETY OF THE PENAL 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]  A  MISDEMEANOR  OR  FELONY  DEFINED  IN ARTICLE TWO HUNDRED
 SIXTY-THREE OF THE PENAL LAW or luring a child as defined in subdivision
 one of section 120.70 of the penal law[.];

 S. 7146                             6
 
   (J) A FELONY ENUMERATED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL
 LAW;
   (K)  A  HATE  CRIME DEFINED IN ARTICLE FOUR HUNDRED EIGHTY-FIVE OF THE
 PENAL LAW;
   (L) MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.15  OF
 THE PENAL LAW;
   (M)  CRIMINALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE
 PENAL LAW;
   (N) RECKLESS ASSAULT OF A CHILD AS DEFINED IN SECTION  120.02  OF  THE
 PENAL  LAW,  RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE PROVIDER AS
 DEFINED IN SECTION 120.01 OF THE PENAL LAW, AGGRAVATED  ASSAULT  UPON  A
 PERSON  LESS  THAN  ELEVEN YEARS OLD AS DEFINED IN SECTION 120.12 OF THE
 PENAL LAW OR ASSAULT IN THE THIRD DEGREE AS DEFINED BY SECTION 120.00 OF
 THE PENAL LAW;
   (O) BURGLARY IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20  OF  THE
 PENAL  LAW  AND ROBBERY IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05
 OF THE PENAL LAW;
   (P) STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF  THE
 PENAL  LAW, STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50 OF
 THE PENAL LAW OR STALKING IN THE FOURTH DEGREE  AS  DEFINED  IN  SECTION
 120.45 OF THE PENAL LAW;
   (Q)  AGGRAVATED VEHICULAR MANSLAUGHTER AS DEFINED IN SECTION 125.14 OF
 THE PENAL LAW;
   (R) VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED  IN  SECTION
 125.13  OF  THE PENAL LAW OR VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE
 AS DEFINED IN SECTION 125.12 OF THE PENAL LAW;
   (S) MENACING IN THE FIRST DEGREE AS DEFINED IN SECTION 120.13  OF  THE
 PENAL LAW, MENACING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.14 OF
 THE  PENAL  LAW  OR  MENACING  IN THE THIRD DEGREE AS DEFINED IN SECTION
 120.15 OF THE PENAL LAW;
   (T) UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 135.10 OF THE PENAL LAW;
   (U)  COERCION  IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE
 PENAL LAW;
   (V) ARSON IN THE THIRD DEGREE AS DEFINED  IN  SECTION  150.10  OF  THE
 PENAL LAW AND ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF
 THE PENAL LAW;
   (W)  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;
   (X) PATRONIZING A PERSON FOR PROSTITUTION IN A SCHOOL ZONE AS  DEFINED
 IN SECTION 230.08 OF THE PENAL LAW;
   (Y)  FAILURE  TO  REGISTER  OR  VERIFY AS A SEX OFFENDER AS DEFINED IN
 SECTION ONE HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW;
   (Z) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 240.31 OF THE PENAL LAW; OR
   (AA) AGGRAVATED CRUELTY TO ANIMALS AS DEFINED IN SECTION THREE HUNDRED
 FIFTY-THREE-A  OF THE AGRICULTURE AND MARKETS LAW, OVERRIDING, 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.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7146

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2019-S7146 (ACTIVE) - Details

2019-S7146 (ACTIVE) - Summary

2019-S7146 (ACTIVE) - Sponsor Memo

2019-S7146 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7146

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2019-S7146 (ACTIVE) - Details

2019-S7146 (ACTIVE) - Summary

2019-S7146 (ACTIVE) - Sponsor Memo

2019-S7146 (ACTIVE) - Bill Text download pdf

Comments