S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9381
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, BUTTENSCHON, LAWLER -- 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 arson felony offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Billy's law".
   § 2. Paragraphs (s) and (t) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law, 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:
   (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[.]; OR
   (U) ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05  OR  ARSON
 IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF THE PENAL LAW.
   § 3. Subparagraphs (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 a new
 subparagraph (xxi) is added to read as follows:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14531-01-2
 A. 9381                             2
 
 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) ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OR ARSON
 IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF THE PENAL LAW.
   § 4. Paragraphs (s) 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:
   (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[.]; OR
   (u) arson in the fourth degree as defined in section 150.05  or  arson
 in the third degree as defined in section 150.10 of the penal law.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.