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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Apr 29, 2022 |
referred to codes |
Assembly Bill A10076
2021-2022 Legislative Session
Relates to expanding qualifying offenses eligible for pretrial detention and bail
download bill text pdfSponsored By
STERN
Archive: Last Bill Status - In Assembly 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
Actions
2021-A10076 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§510.10, 530.20 & 530.40, CP L
- Versions Introduced in 2023-2024 Legislative Session:
-
A4246
2021-A10076 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10076
I N A S S E M B L Y
April 29, 2022
___________
Introduced by M. of A. STERN -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to qualifying
offenses for pre-trial detention and bail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 510.10 of the criminal procedure
law, as amended by section 2 of part UU of chapter 56 of the laws of
2020, is amended to read as follows:
4. 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
robbery in the second degree as defined in subdivision one of section
160.10 of the penal law, provided, however, that burglary in the second
degree as defined in subdivision two of section 140.25 of the penal law
shall be a qualifying offense only where the defendant is charged with
entering the living area of the dwelling];
(b) a crime involving witness intimidation under section 215.15 of the
penal law;
(c) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
(d) a class A felony defined in the penal law, provided that for class
A felonies under article two hundred twenty of the penal law, only
[class A-I felonies] OFFENSES DEFINED IN SECTIONS 220.18, 220.21,
220.41, 220.43, 220.44 AND 220.77 OF SUCH LAW shall be [a] qualifying
[offense] OFFENSES;
(e) a sex trafficking offense defined in section 230.34 or 230.34-a of
the penal law, or a felony sex offense defined in section 70.80 of the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14636-01-2 A. 10076 2 penal law, [or a crime involving] incest IN THE THIRD DEGREE as defined in section 255.25[, 255.26 or 255.27] of such law, [or] a misdemeanor defined in article one hundred thirty of such law, PROMOTING PROSTITU- TION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32 OF THE PENAL LAW, OR COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33 OF THE PENAL 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 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; (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 title; (i) PROSTITUTION IN A SCHOOL ZONE AS DEFINED IN SECTION 230.03 OF THE PENAL LAW, 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 [or], PATRONIZING A PERSON FOR PROSTITU- TION IN A SCHOOL ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW, luring a child as defined in subdivision one of section 120.70 of the penal law, promoting an obscene sexual performance by a child as defined in section 263.10 of the penal law [or], promoting a sexual performance by a child as defined in section 263.15 of the penal law, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, OR POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW; (j) any crime that is alleged to have caused the death of OR SERIOUS PHYSICAL INJURY TO another person; (k) criminal obstruction of breathing or blood circulation as defined in section 121.11 of the penal law, strangulation in the second degree as defined in section 121.12 of the penal law or unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, and is alleged to have committed the offense against a member of the defend- ant's same family or household as defined in subdivision one of section 530.11 of this title; A. 10076 3 (l) aggravated vehicular assault as defined in section 120.04-a of the penal law or vehicular assault in the first degree as defined in section 120.04 of the penal law; (m) assault in the third degree as defined in section 120.00 of the penal law or arson in the third degree as defined in section 150.10 of the penal law[, when such crime is charged as a hate crime as defined in section 485.05 of the penal law]; (n) aggravated assault upon a person less than eleven years old as defined in section 120.12 of the penal law or criminal possession of a weapon on school grounds as defined in section 265.01-a of the penal law; (o) grand larceny in the first degree as defined in section 155.42 of the penal law, 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; (p) failure to register as a sex offender pursuant to section one hundred sixty-eight-t of the correction law or endangering the welfare of a child as defined in subdivision one of section 260.10 of the penal law, where the defendant is required to maintain registration under article six-C of the correction law and designated a level three offen- der pursuant to subdivision six of section one hundred sixty-eight-l of the correction law; (q) a crime involving bail jumping under section 215.55, 215.56 or 215.57 of the penal law, or a crime involving escaping from custody under section 205.05, 205.10 or 205.15 of the penal law; (r) any felony offense committed by the principal while serving a sentence of probation or while released to post release supervision; (s) a felony, where the defendant qualifies for sentencing on such charge as a persistent felony offender pursuant to section 70.10 of the penal law; [or] (t) any felony or class A misdemeanor involving harm to an identifi- able person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or released under conditions 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 qualifying offense as defined in this subdivision[.]; (U) OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE AS DEFINED IN SECTION 195.05 OF THE PENAL LAW, KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN SECTION 195.06 OF THE PENAL LAW, KILLING A POLICE WORK DOG OR POLICE WORK HORSE AS DEFINED IN SECTION 195.06-A 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 A. 10076 4 IN SECTION 215.25 OF THE PENAL LAW OR TAMPERING WITH PHYSICAL EVIDENCE AS DEFINED IN SECTION 215.40 OF THE PENAL LAW; (V) 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; (W) CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN SECTION 265.01 OF THE PENAL LAW, CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW, CRIMINAL PURCHASE OR DISPOSAL OF A WEAPON AS DEFINED IN SECTION 265.17 OF THE PENAL LAW, OR AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN SECTION 265.19 OF THE PENAL LAW; (X) 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; (Y) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; (Z) ANY OF THE FOLLOWING OFFENSES WHERE THE DEFENDANT IS REQUIRED TO MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW: ENDAN- GERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10 OF THE PENAL LAW; PUBLIC LEWDNESS AS DEFINED IN SECTION 245.00 OF THE PENAL LAW; EXPOSURE OF A PERSON AS DEFINED IN SECTION 245.01 OF THE PENAL LAW; PUBLIC LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF THE PENAL LAW; (A-1) RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE PROVIDER AS DEFINED IN SECTION 120.01 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, CRIMI- NALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 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, COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE PENAL LAW, BURGLARY IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF THE PENAL LAW, ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE PENAL LAW, ROBBERY IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF A FIREARM AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW; (B-1) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE PENAL LAW; (C-1) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI- ABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED FORTY OF THE PENAL 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; OR A. 10076 5 (E-1) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW. § 2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law, as amended by section 3 of part UU of chapter 56 of the laws of 2020, is amended to read as follows: (b) 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 robbery in the second degree as defined in subdivision one of section 160.10 of the penal law, provided, however, that burglary in the second degree as defined in subdivision two of section 140.25 of the penal law shall be a qualifying offense only where the defendant is charged with entering the living area of the dwelling]; (ii) a crime involving witness intimidation under section 215.15 of the penal law; (iii) a crime involving witness tampering under section 215.11, 215.12 or 215.13 of the penal law; (iv) a class A felony defined in the penal law, provided, that for class A felonies under article two hundred twenty of such law, only [class A-I felonies] OFFENSES DEFINED IN SECTIONS 220.18, 220.21, 220.41, 220.43, 220.44 AND 220.77 OF SUCH LAW shall be [a] qualifying [offense] OFFENSES; (v) a sex trafficking offense defined in section 230.34 or 230.34-a of the penal law, or a felony sex offense defined in section 70.80 of the penal law [or a crime involving], incest IN THE THIRD DEGREE as defined in section 255.25[, 255.26 or 255.27] of such law, or a misdemeanor defined in article one hundred thirty of such law; OR PROMOTING PROSTI- TUTION 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; (vi) 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; (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; A. 10076 6 (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; (ix) PROSTITUTION IN A SCHOOL ZONE AS DEFINED IN SECTION 230.03 OF THE PENAL LAW, 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 [or], PATRONIZING A PERSON FOR PROSTITU- TION IN A SCHOOL ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW, luring a child as defined in subdivision one of section 120.70 of the penal law, promoting an obscene sexual performance by a child as defined in section 263.10 of the penal law [or], promoting a sexual performance by a child as defined in section 263.15 of the penal law, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, OR POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW; (x) any crime that is alleged to have caused the death of OR SERIOUS PHYSICAL INJURY TO another person; (xi) criminal obstruction of breathing or blood circulation as defined in section 121.11 of the penal law, strangulation in the second degree as defined in section 121.12 of the penal law or unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, and is alleged to have committed the offense against a member of the defend- ant's same family or household as defined in subdivision one of section 530.11 of this article; (xii) aggravated vehicular assault as defined in section 120.04-a of the penal law or vehicular assault in the first degree as defined in section 120.04 of the penal law; (xiii) assault in the third degree as defined in section 120.00 of the penal law or arson in the third degree as defined in section 150.10 of the penal law[, when such crime is charged as a hate crime as defined in section 485.05 of the penal law]; (xiv) aggravated assault upon a person less than eleven years old as defined in section 120.12 of the penal law or criminal possession of a weapon on school grounds as defined in section 265.01-a of the penal law; (xv) grand larceny in the first degree as defined in section 155.42 of the penal law, 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; (xvi) failure to register as a sex offender pursuant to section one hundred sixty-eight-t of the correction law or endangering the welfare of a child as defined in subdivision one of section 260.10 of the penal law, where the defendant is required to maintain registration under article six-C of the correction law and designated a level three offen- der pursuant to subdivision six of section one hundred sixty-eight-l of the correction law; A. 10076 7 (xvii) a crime involving bail jumping under section 215.55, 215.56 or 215.57 of the penal law, or a crime involving escaping from custody under section 205.05, 205.10 or 205.15 of the penal law; (xviii) any felony offense committed by the principal while serving a sentence of probation or while released to post release supervision; (xix) a felony, where the defendant qualifies for sentencing on such charge as a persistent felony offender pursuant to section 70.10 of the penal law; [or] (xx) any felony or class A misdemeanor involving harm to an identifi- able person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or released under conditions 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 qualifying offense as defined in this subdivision[.]; (XXI) OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE AS DEFINED IN SECTION 195.05 OF THE PENAL LAW, KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN SECTION 195.06 OF THE PENAL LAW, KILLING A POLICE WORK DOG OR POLICE WORK HORSE AS DEFINED IN SECTION 195.06-A 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; (XXII) PUBLIC SENSIBILITIES AND THE RIGHT TO PRIVACY INCLUDING AGGRA- VATED 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; (XXIII) CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN SECTION 265.01 OF THE PENAL LAW, CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW, CRIMINAL PURCHASE OR DISPOSAL OF A WEAPON AS DEFINED IN SECTION 265.17 OF THE PENAL LAW, OR AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN SECTION 265.19 OF THE PENAL LAW; (XXIV) 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; (XXV) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; (XXVI) ANY OF THE FOLLOWING OFFENSES WHERE THE DEFENDANT IS REQUIRED TO MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW: ENDAN- A. 10076 8 GERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10 OF THE PENAL LAW; PUBLIC LEWDNESS AS DEFINED IN SECTION 245.00 OF THE PENAL LAW; EXPOSURE OF A PERSON AS DEFINED IN SECTION 245.01 OF THE PENAL LAW; PUBLIC LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF THE PENAL LAW; (XXVII) RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE PROVIDER AS DEFINED IN SECTION 120.01 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, CRIMI- NALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 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, COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE PENAL LAW, BURGLARY IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF THE PENAL LAW, ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE PENAL LAW, ROBBERY IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF A FIREARM AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW; (XXVIII) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE PENAL LAW; (XXIX) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDEN- TIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCUR- RING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED FORTY OF THE PENAL LAW; (XXX) 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; OR (XXXI) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW. § 3. Subdivision 4 of section 530.40 of the criminal procedure law, as added by section 4 of part UU of chapter 56 of the laws of 2020, is amended to read as follows: 4. 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 robbery in the second degree as defined in subdivision one of section 160.10 of the penal law, provided, however, that burglary in the second degree as defined in subdivision two of section 140.25 of the penal law shall be a qualifying offense only where the defendant is charged with entering the living area of the dwelling]; (b) a crime involving witness intimidation under section 215.15 of the penal law; A. 10076 9 (c) a crime involving witness tampering under section 215.11, 215.12 or 215.13 of the penal law; (d) a class A felony defined in the penal law, provided that for class A felonies under article two hundred twenty of such law, only [class A-I felonies] OFFENSES DEFINED IN SECTIONS 220.18, 220.21, 220.41, 220.43, 220.44 AND 220.77 OF SUCH LAW shall be [a] qualifying [offense] OFFENSES; (e) a sex trafficking offense defined in section 230.34 or 230.34-a of the penal law, or a felony sex offense defined in section 70.80 of the penal law [or a crime involving], incest IN THE THIRD DEGREE as defined in section 255.25[, 255.26 or 255.27] of such law, [or] a misdemeanor defined in article one hundred thirty of such law; OR PROMOTING PROSTI- TUTION IN THE FIRST DEGREE AS DEFINED IN SECTION 230.32 OF THE PENAL LAW, OR COMPELLING PROSTITUTION AS DEFINED IN SECTION 230.33 OF THE PENAL 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 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; (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; (i) PROSTITUTION IN A SCHOOL ZONE AS DEFINED IN SECTION 230.03 OF THE PENAL LAW, 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 [or], PATRONIZING A PERSON FOR PROSTITU- TION IN A SCHOOL ZONE AS DEFINED IN SECTION 230.08 OF THE PENAL LAW, luring a child as defined in subdivision one of section 120.70 of the penal law, promoting an obscene sexual performance by a child as defined in section 263.10 of the penal law or promoting a sexual performance by a child as defined in section 263.15 of the penal law, POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.11 OF THE PENAL LAW, OR POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.16 OF THE PENAL LAW; A. 10076 10 (j) any crime that is alleged to have caused the death OR PHYSICAL INJURY of another person; (k) criminal obstruction of breathing or blood circulation as defined in section 121.11 of the penal law, strangulation in the second degree as defined in section 121.12 of the penal law or unlawful imprisonment in the first degree as defined in section 135.10 of the penal law, and is alleged to have committed the offense against a member of the defend- ant's same family or household as defined in subdivision one of section 530.11 of this article; (l) aggravated vehicular assault as defined in section 120.04-a of the penal law or vehicular assault in the first degree as defined in section 120.04 of the penal law; (m) assault in the third degree as defined in section 120.00 of the penal law or arson in the third degree as defined in section 150.10 of the penal law[, when such crime is charged as a hate crime as defined in section 485.05 of the penal law]; (n) aggravated assault upon a person less than eleven years old as defined in section 120.12 of the penal law or criminal possession of a weapon on school grounds as defined in section 265.01-a of the penal law; (o) grand larceny in the first degree as defined in section 155.42 of the penal law, 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; (p) failure to register as a sex offender pursuant to section one hundred sixty-eight-t of the correction law or endangering the welfare of a child as defined in subdivision one of section 260.10 of the penal law, where the defendant is required to maintain registration under article six-C of the correction law and designated a level three offen- der pursuant to subdivision six of section one hundred sixty-eight-l of the correction law; (q) a crime involving bail jumping under section 215.55, 215.56 or 215.57 of the penal law, or a crime involving escaping from custody under section 205.05, 205.10 or 205.15 of the penal law; (r) any felony offense committed by the principal while serving a sentence of probation or while released to post release supervision; (s) a felony, where the defendant qualifies for sentencing on such charge as a persistent felony offender pursuant to section 70.10 of the penal law; [or] (t) any felony or class A misdemeanor involving harm to an identifi- able person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or released under conditions 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 qualifying offense as defined in this subdivision[.]; (U) OBSTRUCTING GOVERNMENTAL ADMINISTRATION IN THE SECOND DEGREE AS DEFINED IN SECTION 195.05 OF THE PENAL LAW, KILLING OR INJURING A POLICE ANIMAL AS DEFINED IN SECTION 195.06 OF THE PENAL LAW, KILLING A POLICE WORK DOG OR POLICE WORK HORSE AS DEFINED IN SECTION 195.06-A 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 A. 10076 11 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; (V) 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; (W) CRIMINAL POSSESSION OF A WEAPON IN THE FOURTH DEGREE AS DEFINED IN SECTION 265.01 OF THE PENAL LAW, CRIMINAL SALE OF A FIREARM TO A MINOR AS DEFINED IN SECTION 265.16 OF THE PENAL LAW, CRIMINAL PURCHASE OR DISPOSAL OF A WEAPON AS DEFINED IN SECTION 265.17 OF THE PENAL LAW, OR AGGRAVATED CRIMINAL POSSESSION OF A WEAPON AS DEFINED IN SECTION 265.19 OF THE PENAL LAW; (X) 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; (Y) A HATE CRIME AS DEFINED IN SECTION 485.05 OF THE PENAL LAW; (Z) ANY OF THE FOLLOWING OFFENSES WHERE THE DEFENDANT IS REQUIRED TO MAINTAIN REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL TWO OR LEVEL THREE OFFENDER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW: ENDAN- GERING THE WELFARE OF A CHILD AS DEFINED IN SECTION 260.10 OF THE PENAL LAW; PUBLIC LEWDNESS AS DEFINED IN SECTION 245.00 OF THE PENAL LAW; EXPOSURE OF A PERSON AS DEFINED IN SECTION 245.01 OF THE PENAL LAW; PUBLIC LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03 OF THE PENAL LAW; (A-1) RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE PROVIDER AS DEFINED IN SECTION 120.01 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, CRIMI- NALLY NEGLIGENT HOMICIDE AS DEFINED IN SECTION 125.10 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.12 OF THE PENAL LAW, VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE AS DEFINED IN SECTION 125.13 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, COERCION IN THE FIRST DEGREE AS DEFINED IN SECTION 135.65 OF THE PENAL LAW, BURGLARY IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF THE PENAL LAW, ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE PENAL LAW, ROBBERY IN THE THIRD DEGREE AS DEFINED IN SECTION 160.05 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF A FIREARM AS DEFINED IN SECTION 265.01-B OF THE PENAL LAW; (B-1) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE PENAL LAW; A. 10076 12 (C-1) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI- ABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED FORTY OF THE PENAL 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; OR (E-1) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW. § 4. This act shall take effect immediately.
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