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
A. 1040 3
(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.