S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1040
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M.  of  A. BUTTENSCHON, JONES, WALLACE, GRIFFIN, ABBATE,
   STERN -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  drug  and
   domestic violence offenses qualifying for bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and paragraphs (a), (d), (j), (s) and
 (t) of subdivision 4 of section 510.10 of the  criminal  procedure  law,
 the  opening  paragraph  and paragraphs (a) and (d) as amended and para-
 graphs (j), (s) and (t) as added by section 2 of part UU of  chapter  56
 of  the laws of 2020, are amended and two new paragraphs (u) and (v) 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
 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];
   (d)  a  class A felony AS 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 shall be a qualifying offense];
   (j) any crime that is alleged to have  caused  the  death  OR  SERIOUS
 PHYSICAL INJURY of another person;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00694-01-1

 A. 1040                             2
 
   (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) A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED  TWENTY
 OF THE PENAL LAW; OR
   (V)  AN  AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
 PENAL LAW.
   § 2. The opening paragraph and subparagraphs (i), (iv), (x), (xix) and
 (xx) of 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, are amended and two new subparagraphs (xxi) and (xxii) 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
 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];
   (iv) a class A felony AS defined in the penal law[, provided, that for
 class  A  felonies  under  article  two hundred twenty of such law, only
 class A-I felonies shall be a qualifying offense];
   (x) any crime that is alleged to have  caused  the  death  OR  SERIOUS
 PHYSICAL INJURY of another person;
   (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) A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWEN-
 TY OF THE PENAL LAW; OR

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   (XXII) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN  SECTION  240.75  OF
 THE PENAL LAW.
   §  3.  The opening paragraph and paragraphs (a), (d), (j), (s) and (t)
 of subdivision 4 of section 530.40 of the criminal  procedure  law,  the
 opening  paragraph  and paragraphs (a) and (d) as amended and paragraphs
 (j), (s) and (t) as added by section 4 of part UU of chapter 56  of  the
 laws  of  2020, are amended and two new paragraphs (u) and (v) 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
 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];
   (d)  a  class A felony AS defined in the penal law[, provided that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense];
   (j)  any  crime  that  is  alleged to have caused the death OR SERIOUS
 PHYSICAL INJURY of another person;
   (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)  A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
 OF THE PENAL LAW; OR
   (V) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75  OF  THE
 PENAL LAW.
   § 4. This act shall take effect immediately.