S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8088
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Codes
 
 AN ACT to  amend  the  criminal procedure law, in relation  to  securing
   orders for principals charged with certain hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (m) and (t) of subdivision 4 of  section  510.10
 of the criminal procedure law, as added by section 2 of part UU of chap-
 ter 56 of the laws of 2020, are amended and a new paragraph (u) is added
 to read as follows:
   (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, HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.25 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE  AS  DEFINED
 IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
 crime as defined in section 485.05 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) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 240.31  OF  THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE
 AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
   § 2. Subparagraphs (xiii)  and (xx) of paragraph (b) of subdivision  1
 of section 530.20 of the criminal procedure law, as amended by section 3
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11349-01-1
              

 A. 8088                             2
 
 of  part  UU  of  chapter  56 of the laws of 2020, are amended and a new
 subparagraph (xxi) is added to read as follows:
   (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, HARASSMENT IN THE FIRST DEGREE AS DEFINED  IN  SECTION
 240.25  OF  THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
 IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
 crime as defined in section 485.05 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)  AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE  SECOND  DEGREE
 AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
   §  3. Paragraphs (m) and (t) of 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, are amended and a new paragraph (u) is added to
 read as follows:
   (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, HARASSMENT IN THE FIRST DEGREE AS DEFINED  IN  SECTION
 240.25  OF  THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
 IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
 crime as defined in section 485.05 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)  AGGRAVATED  HARASSMENT  IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE  SECOND  DEGREE
 AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
   § 4. This act shall take effect immediately.