S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8119
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the penal law, in relation to enhancing punishment for
   crimes involving domestic violence; and to amend the  criminal  proce-
   dure  law,  in  relation  to the consideration of certain factors when
   determining the issuance of an order of recognizance or bail
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of  section  240.30  of the penal law, as
 amended by chapter 188 of the laws  of  2014,  is  amended  to  read  as
 follows:
   5.  He  or  she commits the crime of harassment in the first degree OR
 SECOND DEGREE and has previously been convicted of the crime of  harass-
 ment  in  the first degree OR SECOND DEGREE as defined by section 240.25
 OR 240.26 of this article within the preceding ten years.
   § 2. The section heading, opening paragraph and closing  paragraph  of
 section 240.31 of the penal law, as amended by chapter 49 of the laws of
 2006, are amended to read as follows:
   [Aggravated] BIAS RELATED AGGRAVATED harassment [in the first degree].
   A person is guilty of BIAS RELATED aggravated harassment [in the first
 degree]  when  with  intent  to harass, annoy, threaten or alarm another
 person, because of a belief or perception regarding such person's  race,
 color,  national origin, ancestry, gender, religion, religious practice,
 age, disability or sexual orientation, regardless of whether the  belief
 or perception is correct, he or she:
   [Aggravated]  BIAS RELATED AGGRAVATED harassment [in the first degree]
 is a class E felony.
   § 3. The penal law is amended by adding a new section 240.29  to  read
 as follows:
 § 240.29 AGGRAVATED HARASSMENT IN THE FIRST DEGREE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10898-01-1
              

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   A PERSON IS GUILTY OF A AGGRAVATED HARASSMENT IN THE FIRST DEGREE WHEN
 WITH  INTENT  TO HARASS, ANNOY, THREATEN, OR ALARM ANOTHER PERSON, HE OR
 SHE COMMITS THE CRIME OF AGGRAVATED HARASSMENT IN THE SECOND  DEGREE  IN
 THE  MANNER PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO OR FIVE
 OF  SECTION  240.30 OF THIS ARTICLE AND HAS PREVIOUSLY BEEN CONVICTED OF
 THE CRIME OF AGGRAVATED HARASSMENT IN THE SECOND DEGREE FOR THE  COMMIS-
 SION  OF CONDUCT PROSCRIBED BY THE PROVISIONS OF SUBDIVISION ONE, TWO OR
 FIVE OF SECTION 240.30 OF THIS ARTICLE WITHIN THE  PRECEDING  TEN  YEARS
 AND  SUCH  PERSON  IS  A  MEMBER  OF THE SAME FAMILY OR HOUSEHOLD AS THE
 PERSON UPON WHOM THE PRESENT OFFENSE IS COMMITTED. FOR THE  PURPOSES  OF
 THIS  SUBDIVISION  "MEMBERS  OF THE SAME FAMILY OR HOUSEHOLD" SHALL HAVE
 THE SAME MEANING AS IS DEFINED IN SECTION 530.11 OF THE CRIMINAL  PROCE-
 DURE LAW.
   AGGRAVATED HARASSMENT IN THE FIRST DEGREE IS A CLASS E FELONY.
   § 4. Section 120.05 of the penal law is amended by adding a new subdi-
 vision 15 to read as follows:
   15.  SUCH  PERSON  COMMITS THE CRIME OF ASSAULT IN THE THIRD DEGREE AS
 DEFINED IN SECTION 120.00 OF THIS ARTICLE  AGAINST  ANOTHER  PERSON  AND
 SUCH  PERSON HAS BEEN PREVIOUSLY CONVICTED OF ANY OFFENSE DEFINED BY ANY
 OF THE FOLLOWING PROVISIONS OF THIS CHAPTER: SECTION 120.00 (ASSAULT  IN
 THE  THIRD  DEGREE);  SECTION  120.05  (ASSAULT  IN  THE SECOND DEGREE);
 SECTION 120.10 (ASSAULT IN THE FIRST DEGREE); SECTION 120.12 (AGGRAVATED
 ASSAULT UPON A PERSON  LESS  THAN  ELEVEN  YEARS  OLD);  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 120.25 (RECKLESS
 ENDANGERMENT IN THE FIRST DEGREE); SECTION 121.12 (STRANGULATION IN  THE
 SECOND  DEGREE);  SECTION  121.13  (STRANGULATION  IN THE FIRST DEGREE);
 SUBDIVISION ONE OF SECTION 125.15 (MANSLAUGHTER IN THE  SECOND  DEGREE);
 SUBDIVISION  ONE,  TWO  OR  FOUR  OF SECTION 125.20 (MANSLAUGHTER IN THE
 FIRST DEGREE); SECTION 125.25 (MURDER 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
 120.60 (STALKING IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.35
 (RAPE  IN THE FIRST DEGREE); SUBDIVISION ONE OF SECTION 130.50 (CRIMINAL
 SEXUAL ACT IN THE FIRST  DEGREE);  SUBDIVISION  ONE  OF  SECTION  130.65
 (SEXUAL  ABUSE IN THE FIRST DEGREE); PARAGRAPH (A) OF SUBDIVISION ONE OF
 SECTION 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION 130.70 (AGGRAVATED SEXUAL ABUSE IN THE
 FIRST DEGREE); SECTION  135.05  (UNLAWFUL  IMPRISONMENT  IN  THE  SECOND
 DEGREE);  SECTION  135.10  (UNLAWFUL  IMPRISONMENT IN THE FIRST DEGREE);
 SECTION  135.20  (KIDNAPPING  IN  THE  SECOND  DEGREE);  SECTION  135.25
 (KIDNAPPING  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 140.10 (CRIMINAL TRESPASS IN THE
 THIRD  DEGREE); SECTION 140.15 (CRIMINAL TRESPASS IN THE SECOND DEGREE);
 SECTION 140.17 (CRIMINAL TRESPASS IN THE FIRST DEGREE);  SECTION  140.20
 (BURGLARY  IN  THE THIRD DEGREE); SECTION 140.25 (BURGLARY IN THE SECOND
 DEGREE); SECTION 140.30 (BURGLARY IN THE FIRST 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 150.05 (ARSON IN THE FOURTH DEGREE); SECTION  150.10  (ARSON  IN
 THE  THIRD DEGREE); SECTION 150.15 (ARSON IN THE SECOND DEGREE); SECTION
 150.20 (ARSON IN THE FIRST  DEGREE);  SECTION  155.25  (PETIT  LARCENY);
 SECTION  155.30  (GRAND  LARCENY  IN  THE FOURTH DEGREE); SECTION 155.35

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 (GRAND LARCENY IN THE THIRD DEGREE); SECTION 155.40  (GRAND  LARCENY  IN
 THE  SECOND DEGREE); SECTION 155.42 (GRAND LARCENY IN THE FIRST DEGREE);
 SECTION 160.05 (ROBBERY IN THE THIRD DEGREE); SECTION 160.10 (ROBBERY IN
 THE  SECOND  DEGREE);  SECTION  160.15  (ROBBERY  IN  THE FIRST DEGREE);
 SECTION 240.25 (HARASSMENT IN THE FIRST DEGREE); SUBDIVISION ONE, TWO OR
 FIVE OF SECTION 240.30 (AGGRAVATED HARASSMENT IN THE SECOND DEGREE);  OR
 ANY ATTEMPT OR CONSPIRACY TO COMMIT ANY OF THE FOREGOING OFFENSES, WITH-
 IN THE PRECEDING TEN YEARS AND SUCH PERSON IS A MEMBER OF THE SAME FAMI-
 LY  OR  HOUSEHOLD AS THE PERSON UPON WHOM THE PRESENT OFFENSE IS COMMIT-
 TED. FOR THE PURPOSES OF THIS SUBDIVISION "MEMBERS OF THE SAME FAMILY OR
 HOUSEHOLD" SHALL HAVE THE SAME MEANING AS IS DEFINED IN  SECTION  530.11
 OF THE CRIMINAL PROCEDURE LAW.
   §  5.  Section 121.12 of the penal law, as added by chapter 405 of the
 laws of 2010, is amended to read as follows:
 § 121.12 Strangulation in the second degree.
   A person is guilty of strangulation in the second degree  when  he  or
 she: (1) commits the crime of criminal obstruction of breathing or blood
 circulation,  as  defined in section 121.11 of this article, and thereby
 causes stupor, loss of consciousness for any  period  of  time,  or  any
 other physical injury or impairment[.]; OR
   (2)  COMMITS  THE  CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD
 CIRCULATION AS DEFINED IN SECTION 121.11 OF THIS ARTICLE AND SUCH PERSON
 HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING TEN YEARS OF CRIMINAL
 OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION;  AND  SUCH  PERSON  IS  A
 MEMBER OF THE SAME FAMILY OR HOUSEHOLD AS THE PERSON UPON WHOM THE PRES-
 ENT  CRIME  OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION IS
 COMMITTED. FOR THE PURPOSES OF THIS SUBDIVISION  "MEMBERS  OF  THE  SAME
 FAMILY  OR  HOUSEHOLD"  SHALL  HAVE  THE  SAME  MEANING AS IS DEFINED IN
 SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW.
   Strangulation in the second degree is a class D felony.
   § 6. Section 120.13 of the penal law, as amended by chapter 765 of the
 laws of 2005, is amended to read as follows:
 § 120.13 Menacing in the first degree.
   A person is guilty of menacing in the first  degree  when  he  or  she
 commits  the  crime of menacing in the second degree and has been previ-
 ously convicted of the crime of menacing in the  second  degree  or  the
 crime of menacing a police officer or peace officer within the preceding
 ten years.
   Menacing in the first degree is a class [E] D felony.
   § 7. Subdivision (c) of section 215.51 of the penal law, as amended by
 chapter 349 of the laws of 2006, is amended to read as follows:
   (c)  he  or  she  commits the crime of criminal contempt in the second
 degree as defined in subdivision three of section 215.50 of this article
 by violating [that part of] a duly served order of protection,  or  such
 order  of which the defendant has actual knowledge because he or she was
 present in court when such order was issued, under sections two  hundred
 forty  and two hundred fifty-two of the domestic relations law, articles
 four, five, six and eight of the family court act and section 530.12  of
 the  criminal procedure law, or an order of protection issued by a court
 of competent jurisdiction in another state, territorial or tribal juris-
 diction, [which requires the respondent or defendant to stay  away  from
 the  person  or persons on whose behalf the order was issued,] and where
 the defendant has been previously convicted of the crime  of  aggravated
 criminal contempt or criminal contempt in the first or second degree for
 violating  an  order  of  protection  [as  described  herein] within the
 preceding [five] TEN years; or

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   § 8. The closing paragraph of section 215.51  of  the  penal  law,  as
 amended  by  chapter  222  of  the  laws  of 1994, is amended to read as
 follows:
   Criminal contempt in the first degree is a class [E] D felony.
   §  9.  Subdivisions  1,  2 and 3 of section 60.35 of the penal law, as
 amended by section 1 of part E of  chapter  56  of  the  laws  of  2004,
 subparagraphs  (i),  (ii) and (iii) of paragraph (a) of subdivision 1 as
 amended by section 1 of part DD of chapter 56 of the laws  of  2008  and
 paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
 2006, are amended to read as follows:
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 historic preservation law, whenever  proceedings  in  an  administrative
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
 surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
 crime  victim  assistance  fee AND A DOMESTIC VIOLENCE VICTIM ASSISTANCE
 FEE in addition to any sentence required or permitted by law, in accord-
 ance with the following schedule:
   (i) a person convicted of a felony shall pay a mandatory surcharge  of
 three  hundred  dollars and a crime victim assistance fee of twenty-five
 dollars;
   (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
 surcharge of one hundred seventy-five dollars and a crime victim assist-
 ance fee of twenty-five dollars;
   (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
 surcharge of ninety-five dollars and a crime victim  assistance  fee  of
 twenty-five dollars;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent  offense  as defined by subdivision three of section one hundred
 sixty-eight-a of the correction law shall, in addition  to  a  mandatory
 surcharge  and crime victim assistance fee, pay a sex offender registra-
 tion fee of fifty dollars[.];
   (v) a person convicted of a designated offense as defined by  subdivi-
 sion  seven  of  section  nine  hundred ninety-five of the executive law
 shall, in addition to a mandatory surcharge and crime victim  assistance
 fee, pay a DNA databank fee of fifty dollars[.];
   (VI)  A  PERSON CONVICTED OF ANY OFFENSE WHERE THE COMPLAINANT OF SUCH
 OFFENSE IS A MEMBER OF THE SAME FAMILY OR  HOUSEHOLD  AS  THE  CONVICTED
 PERSON  SHALL,  IN  ADDITION  TO  A MANDATORY SURCHARGE AND CRIME VICTIM
 ASSISTANCE FEE, PAY ANY OTHER FEE REQUIRED BY THIS ARTICLE,  AND  PAY  A
 DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE IN THE AMOUNT OF TWO HUNDRED
 FIFTY DOLLARS. FOR THE PURPOSES OF THIS SUBDIVISION, "MEMBER OF THE SAME
 FAMILY OR HOUSEHOLD" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SECTION
 530.11 OF THE CRIMINAL PROCEDURE LAW.
   (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
 (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
 offense  contained in article one hundred thirty of this chapter, incest
 in the third, second or first degree  as  defined  in  sections  255.25,
 255.26 and 255.27 of this chapter or an offense contained in article two
 hundred  sixty-three  of  this chapter, the person convicted shall pay a
 supplemental sex offender victim fee of one thousand dollars in addition
 to the mandatory surcharge and any other fee.

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   2. Where a person is convicted of two or  more  crimes  or  violations
 committed  through  a single act or omission, or through an act or omis-
 sion which in itself constituted one of the  crimes  or  violations  and
 also  was  a  material  element  of  the other, the court shall impose a
 mandatory  surcharge and a crime victim assistance fee, and where appro-
 priate a supplemental sex  offender  victim  fee  OR  DOMESTIC  VIOLENCE
 VICTIM ASSISTANCE FEE, in accordance with the provisions of this section
 for the crime or violation which carries the highest classification, and
 no  other sentence to pay a mandatory surcharge, crime victim assistance
 fee [or], supplemental sex offender  victim  fee  OR  DOMESTIC  VIOLENCE
 VICTIM ASSISTANCE FEE required by this section shall be imposed. Where a
 person  is  convicted  of  two  or more sex offenses or sexually violent
 offenses, as defined by  subdivisions  two  and  three  of  section  one
 hundred  sixty-eight-a of the correction law, committed through a single
 act or omission, or through an act or omission which in  itself  consti-
 tuted  one of the offenses and also was a material element of the other,
 the court shall impose only one sex offender registration fee.  Where  a
 person  is  convicted  of two or more designated offenses, as defined by
 subdivision seven of section nine hundred ninety-five of  the  executive
 law,  committed  through  a single act or omission, or through an act or
 omission which in itself constituted one of the offenses and also was  a
 material element of the other, the court shall impose only one DNA data-
 bank fee.
   3.  The  mandatory surcharge, sex offender registration fee, DNA data-
 bank fee, crime victim assistance fee, [and] supplemental  sex  offender
 victim  fee  AND DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE provided for in
 subdivision one of this section shall be paid to the clerk of the  court
 or  administrative  tribunal  that  rendered  the conviction. Within the
 first ten days of  the  month  following  collection  of  the  mandatory
 surcharge,  crime  victim  assistance fee, and supplemental sex offender
 victim fee, the collecting  authority  shall  determine  the  amount  of
 mandatory surcharge, crime victim assistance fee, [and] supplemental sex
 offender   victim  fee  AND  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE
 collected and, if it is an administrative tribunal, or a town or village
 justice court, it shall then pay such money to the state comptroller who
 shall deposit such money in the state treasury pursuant to  section  one
 hundred  twenty-one of the state finance law to the credit of the crimi-
 nal justice improvement account established by  section  ninety-seven-bb
 of the state finance law. Within the first ten days of the month follow-
 ing  collection  of  the  sex offender registration fee and DNA databank
 fee, the collecting authority shall determine  the  amount  of  the  sex
 offender  registration  fee and DNA databank fee collected and, if it is
 an administrative tribunal, or a town or village justice court, it shall
 then pay such money to the state  comptroller  who  shall  deposit  such
 money  in  the state treasury pursuant to section one hundred twenty-one
 of the state finance law to the credit of  the  general  fund.  If  such
 collecting  authority is any other court of the unified court system, it
 shall, within such period, pay such money attributable to the  mandatory
 surcharge  or  crime  victim assistance fee to the state commissioner of
 taxation and finance to the credit of the criminal  justice  improvement
 account established by section ninety-seven-bb of the state finance law.
 If  such  collecting  authority  is any other court of the unified court
 system, it shall, within such period, pay such money attributable to the
 sex offender registration fee and the DNA  databank  fee  to  the  state
 commissioner  of taxation and finance to the credit of the general fund.
 NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, ALL MONIES PAID

 A. 8119                             6
 
 TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF TAXATION AND  FINANCE
 WHICH  ARE  ATTRIBUTABLE  TO  MONIES COLLECTED FOR THE DOMESTIC VIOLENCE
 VICTIM ASSISTANCE FEE SHALL BE CREDITED TO THE OFFICE FOR THE PREVENTION
 OF  DOMESTIC  VIOLENCE AND SHALL BE USED FOR TRAINING OF LAW ENFORCEMENT
 PERSONNEL IN ISSUES INVOLVING DOMESTIC VIOLENCE.
   § 10. Subdivision 8 of section 60.35 of the penal law, as  amended  by
 section 121 of subpart B of part C of chapter 62 of the laws of 2011, is
 amended to read as follows:
   8.  Subdivision  one  of  section 130.10 of the criminal procedure law
 notwithstanding, at the time that the mandatory surcharge, sex  offender
 registration  fee  or  DNA  databank  fee,  crime victim assistance fee,
 DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE  or  supplemental  sex  offender
 victim  fee is imposed a town or village court may, and all other courts
 shall, issue and cause to be served upon the person required to pay  the
 mandatory  surcharge, sex offender registration fee or DNA databank fee,
 crime victim assistance fee, DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE  or
 supplemental  sex  offender  victim  fee,  a summons directing that such
 person appear before the court regarding the payment  of  the  mandatory
 surcharge,  sex  offender  registration  fee  or DNA databank fee, crime
 victim assistance  fee,  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEE  or
 supplemental  sex offender victim fee, if after sixty days from the date
 it was imposed it remains unpaid. The designated date of  appearance  on
 the  summons  shall be set for the first day court is in session falling
 after the sixtieth day from the imposition of the  mandatory  surcharge,
 sex  offender registration fee or DNA databank fee, crime victim assist-
 ance fee, DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE  or  supplemental  sex
 offender  victim fee. The summons shall contain the information required
 by subdivision two of section  130.10  of  the  criminal  procedure  law
 except that in substitution for the requirement of paragraph (c) of such
 subdivision  the  summons shall state that the person served must appear
 at a date, time and specific location specified in the summons if  after
 sixty days from the date of issuance the mandatory surcharge, sex offen-
 der  registration  fee or DNA databank fee, crime victim assistance fee,
 DOMESTIC VIOLENCE VICTIM ASSISTANCE FEE  or  supplemental  sex  offender
 victim  fee  remains  unpaid.  The court shall not issue a summons under
 this subdivision to a person  who  is  being  sentenced  to  a  term  of
 confinement  in  excess  of  sixty  days in jail or in the department of
 corrections and community supervision.  The  mandatory  surcharges,  sex
 offender registration fee and DNA databank fees, crime victim assistance
 fees,  DOMESTIC  VIOLENCE  VICTIM  ASSISTANCE  FEES and supplemental sex
 offender victim  fees  for  those  persons  shall  be  governed  by  the
 provisions of section 60.30 of this article.
   § 11. Subdivision 3 and the closing paragraph of section 215.52 of the
 penal  law,  subdivision 3 as added and the closing paragraph as amended
 by chapter 350 of the laws of 2006, are amended to read as follows:
   3. he or she commits the crime  of  criminal  contempt  in  the  first
 degree,  as defined in paragraph (i), (ii), (iii), (v) or (vi) of subdi-
 vision (b) or subdivision (c) of section 215.51 of this article, and has
 been previously convicted of the crime of criminal contempt in the first
 degree, as defined in such subdivision (b), (c) or (d) of section 215.51
 of this article, within the preceding [five] TEN years.
   Aggravated criminal contempt is a class [D] C felony.
   § 12. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
 penal  law,  paragraph  (b) as amended by chapter 94 of the laws of 2020
 and paragraph (c) as amended by chapter 134 of the  laws  of  2019,  are
 amended to read as follows:

 A. 8119                             7
 
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency medical  services  professional  as  defined  in  section  120.08,
 assault  on  a  judge  as defined in section 120.09, gang assault in the
 second degree as defined in section 120.06, strangulation in  the  first
 degree as defined in section 121.13, aggravated strangulation as defined
 in section 121.13-a, burglary in the second degree as defined in section
 140.25,  robbery  in  the  second  degree  as defined in section 160.10,
 AGGRAVATED CRIMINAL CONTEMPT AS  DEFINED  IN  SECTION  215.52,  criminal
 possession  of  a  weapon  in  the  second  degree as defined in section
 265.03, criminal use of a firearm in the second  degree  as  defined  in
 section  265.08,  criminal  sale  of  a  firearm in the second degree as
 defined in section 265.12, criminal sale of a firearm with the aid of  a
 minor  as defined in section 265.14, aggravated criminal possession of a
 weapon as defined in section 265.19, soliciting or providing support for
 an act of terrorism in the first degree as defined  in  section  490.15,
 hindering  prosecution  of  terrorism in the second degree as defined in
 section 490.30, and criminal possession of a chemical weapon or  biolog-
 ical weapon in the third degree as defined in section 490.37.
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, menacing a police officer or peace officer as defined in
 section 120.18, stalking in the first degree, as defined in  subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, rape in the second degree as defined in section  130.30,
 criminal  sexual  act in the second degree as defined in section 130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual conduct against a child  in  the  second  degree  as  defined  in
 section  130.80,  aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  CRIMINAL
 CONTEMPT  IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISION (B), (C) OR (D)
 OF SECTION 215.51, criminal possession of a weapon in the  third  degree
 as  defined  in  subdivision  five,  six,  seven,  eight, nine or ten of
 section 265.02, criminal sale of  a  firearm  in  the  third  degree  as
 defined  in  section  265.11,  intimidating  a  victim or witness in the
 second degree as defined in  section  215.16,  soliciting  or  providing
 support  for  an  act  of  terrorism  in the second degree as defined in
 section 490.10, [and] making a terroristic threat as defined in  section
 490.20,  falsely reporting an incident in the first degree as defined in
 section 240.60, placing a false bomb or hazardous substance in the first
 degree as defined in section 240.62, placing a false bomb  or  hazardous
 substance  in a sports stadium or arena, mass transportation facility or
 enclosed shopping mall as defined in section 240.63,  aggravated  unper-
 mitted  use  of  indoor  pyrotechnics  in the first degree as defined in
 section 405.18, and criminal manufacture, sale, or transport of an unde-
 tectable firearm, rifle or shotgun as defined in section 265.50.
   § 13. The opening paragraph of subdivision 2 of section 510.30 of  the
 criminal  procedure  law is designated paragraph (a) and a new paragraph
 (b) is added to read as follows:

 A. 8119                             8

   (B) WHERE THE PRINCIPAL IS CHARGED WITH A CRIME OR  CRIMES  AGAINST  A
 MEMBER  OR  MEMBERS  OF  THE  SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS  TITLE,  THE  COURT
 MUST,  ON  THE  BASIS  OF  AVAILABLE INFORMATION, CONSIDER AND TAKE INTO
 ACCOUNT  THE  DANGER  OF  INTIMIDATION  OR  INJURY BY THE PRINCIPAL TO A
 WITNESS IN THE CASE, INCLUDING THE FOLLOWING FACTORS:
   (I) ANY HISTORY OF PRIOR ACTS  OF  VIOLENCE  OR  THREATS  OF  VIOLENCE
 AGAINST A WITNESS IN THE PENDING CRIMINAL ACTION; AND
   (II) ANY ORDER OF PROTECTION ISSUED BY ANY COURT AGAINST THE PRINCIPAL
 FOR  THE  PROTECTION OF A MEMBER OR MEMBERS OF THE SAME FAMILY OR HOUSE-
 HOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE  OF  SECTION  530.11  OF
 THIS TITLE, WHETHER OR NOT SUCH ORDER IS CURRENTLY IN EFFECT; AND
   (III)  ANY PRIOR ARREST OR CONVICTION FOR A CRIME OR VIOLATION AGAINST
 A MEMBER OR MEMBERS OF THE SAME FAMILY OR  HOUSEHOLD  AS  THAT  TERM  IS
 DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS TITLE; AND
   (IV)  ANY  VIOLATION  OF  AN  ORDER  OF PROTECTION ISSUED BY ANY COURT
 AGAINST THE PRINCIPAL FOR THE PROTECTION OF A MEMBER OR MEMBERS  OF  THE
 SAME  FAMILY  OR HOUSEHOLD AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THIS TITLE; AND
   (V) THE PRINCIPAL'S HISTORY OF USE OR POSSESSION OF A FIREARM.
   § 14. This act shall  take  effect  on  the  first  of  November  next
 succeeding the date on which it shall have become a law.