S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4984
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 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  authorizing
   bail for certain offenses committed during a riot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (a) and (t) of subdivision 4 of  section  510.10
 of  the  criminal  procedure law, paragraph (a) as amended and paragraph
 (t) as added by section 2 of part UU of chapter 56 of the laws of  2020,
 are amended and a new paragraph (u) is added to read as follows:
   (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 OR IS CHARGED  WITH  COMMITTING
 SUCH  OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED
 FORTY OF THE PENAL LAW;
   (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[.]; OR
   (U) ANY FELONY OR CLASS  A  MISDEMEANOR  INVOLVING  HARM  TO  AN IDEN-
 TIFIABLE  PERSON  OR  PROPERTY, WHERE SUCH CHARGE   AROSE  FROM  CONDUCT
 OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTI-
 CLE TWO HUNDRED FORTY OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06793-01-1

 A. 4984                             2
 
   § 2. Subparagraphs (i) and (xx) of paragraph (b) of subdivision  1  of
 section  530.20  of the  criminal  procedure  law, subparagraphs (i) and
 (xx) 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:
   (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, OR IS CHARGED WITH  COMMITTING
 SUCH  OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED
 FORTY OF THE PENAL LAW;
   (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  FELONY  OR  CLASS  A  MISDEMEANOR  INVOLVING  HARM  TO  AN
 IDENTIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE  AROSE  FROM  CONDUCT
 OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTI-
 CLE TWO HUNDRED FORTY OF THE PENAL LAW.
   §  3. Paragraphs (a) and (t) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (a) as amended and  paragraph  (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:
   (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 OR IS CHARGED WITH COMMITTING
 SUCH OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO  HUNDRED
 FORTY OF THE PENAL LAW;
   (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[.]; OR
   (U) ANY  FELONY  OR  CLASS  A  MISDEMEANOR  INVOLVING   HARM   TO   AN
 IDENTIFIABLE  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.
   § 4. This act shall take effect immediately.