S T A T E O F N E W Y O R K
________________________________________________________________________
2616
2021-2022 Regular Sessions
I N A S S E M B L Y
January 19, 2021
___________
Introduced by M. of A. WOERNER, WALLACE, BUTTENSCHON, STERN -- read once
and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to adding
certain offenses committed by a family member to the list of crimes
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 (s) and (t) of subdi-
vision 4 of section 510.10 of the criminal procedure law, the opening
paragraph as amended and paragraphs (s) and (t) as added by section 2 of
part UU of chapter 56 of the laws of 2020, are amended and a new para-
graph (u) is 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:
(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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01292-01-1
A. 2616 2
purposes of this [subparagraph] PARAGRAPH, any of the underlying crimes
need not be a qualifying offense as defined in this subdivision[.];OR
(U) ANY OF THE FOLLOWING AGGRAVATED FAMILY OFFENSES AS DEFINED IN
SECTION 240.75 OF THE PENAL LAW WHERE THE PRINCIPAL AND THE PERSON
AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
DEFINED IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.13
(MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
(RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION 120.45 (STALKING
IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE);
SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION 135.05
(UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10 (UNLAWFUL
IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
DEGREE); SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
(COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
(CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05 (CRIMINAL
MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE);
SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
(HARASSMENT IN THE FIRST DEGREE); SUBDIVISION ONE, TWO OR FOUR OF
SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
LAW; OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
OFFENSES.
§ 2. The opening paragraph and subparagraphs (xix) and (xx) of para-
graph (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 a new subparagraph (xxi) is 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:
(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[.];OR
(XXI) ANY OF THE FOLLOWING AGGRAVATED FAMILY OFFENSES AS DEFINED IN
SECTION 240.75 OF THE PENAL LAW WHERE THE PRINCIPAL AND THE PERSON
AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
A. 2616 3
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
DEFINED IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.13
(MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
(RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION 120.45 (STALKING
IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE);
SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION 135.05
(UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10 (UNLAWFUL
IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
DEGREE); SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
(COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
(CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05 (CRIMINAL
MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE);
SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
(HARASSMENT IN THE FIRST DEGREE); SUBDIVISION ONE, TWO OR FOUR OF
SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
LAW; OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
OFFENSES.
§ 3. The opening paragraph and paragraphs (s) and (t) of subdivision 4
of section 530.40 of the criminal procedure law, the opening paragraph
as amended and paragraphs (s) and (t) as added by section 4 of part UU
of chapter 56 of the laws of 2020, are amended and a new paragraph (u)
is 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:
(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) ANY OF THE FOLLOWING AGGRAVATED FAMILY OFFENSES AS DEFINED IN
SECTION 240.75 OF THE PENAL LAW WHERE THE PRINCIPAL AND THE PERSON
AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY
OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11; AN OFFENSE
DEFINED IN SECTION 120.00 (ASSAULT IN THE THIRD DEGREE); SECTION 120.13
(MENACING IN THE FIRST DEGREE); SECTION 120.14 (MENACING IN THE SECOND
DEGREE); SECTION 120.15 (MENACING IN THE THIRD DEGREE); SECTION 120.20
(RECKLESS ENDANGERMENT IN THE SECOND DEGREE); SECTION 120.45 (STALKING
A. 2616 4
IN THE FOURTH DEGREE); SECTION 120.50 (STALKING IN THE THIRD DEGREE);
SECTION 120.55 (STALKING IN THE SECOND DEGREE); SECTION 121.11 (CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION); SUBDIVISION ONE OF
SECTION 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); SECTION 135.05
(UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE); SECTION 135.10 (UNLAWFUL
IMPRISONMENT IN THE FIRST DEGREE); SECTION 135.60 (COERCION IN THE THIRD
DEGREE); SECTION 135.61 (COERCION IN THE SECOND DEGREE); SECTION 135.65
(COERCION IN THE FIRST DEGREE); SECTION 140.20 (BURGLARY IN THE THIRD
DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND DEGREE); SECTION 145.00
(CRIMINAL MISCHIEF IN THE FOURTH DEGREE); SECTION 145.05 (CRIMINAL
MISCHIEF IN THE THIRD DEGREE); SECTION 145.10 (CRIMINAL MISCHIEF IN THE
SECOND DEGREE); SECTION 145.12 (CRIMINAL MISCHIEF IN THE FIRST DEGREE);
SECTION 145.14 (CRIMINAL TAMPERING IN THE THIRD DEGREE); SECTION 240.25
(HARASSMENT IN THE FIRST DEGREE); SUBDIVISION ONE, TWO OR FOUR OF
SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE) OF THE PENAL
LAW; OR ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING
OFFENSES.
§ 4. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law.