S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7446
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2021
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   crimes  committed  by members of street gangs or a criminal enterprise
   to be eligible for bail

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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 chap-
 ter 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] PARAGRAPH, any of the underlying  crimes
 need not be a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY MISDEMEANOR OR FELONY OFFENSE AND THERE IS REASONABLE CAUSE TO
 BELIEVE  THE  PRINCIPAL  IS  ASSOCIATED  WITH A CRIMINAL STREET GANG, AS
 DEFINED IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW AND THERE IS REASONABLE CAUSE TO BELIEVE THE OFFENSE IS CONNECTED TO
 CRIMINAL STREET GANG OR CRIMINAL ENTERPRISE ACTIVITY.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13374-01-1
              

 S. 7446                             2
 
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (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
 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.] PARAGRAPH; OR
   (XXI) ANY MISDEMEANOR OR FELONY OFFENSE AND THERE IS REASONABLE  CAUSE
 TO  BELIEVE  THE PRINCIPAL IS ASSOCIATED WITH A CRIMINAL STREET GANG, AS
 DEFINED IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW AND THERE IS REASONABLE CAUSE TO BELIEVE THE OFFENSE IS CONNECTED TO
 CRIMINAL STREET GANG OR CRIMINAL ENTERPRISE ACTIVITY.
   §  3. 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 subdivision (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] PARAGRAPH, any of the underlying  crimes
 need not be a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY MISDEMEANOR OR FELONY OFFENSE AND THERE IS REASONABLE CAUSE TO
 BELIEVE  THE  PRINCIPAL  IS  ASSOCIATED  WITH A CRIMINAL STREET GANG, AS
 DEFINED IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW AND THERE IS REASONABLE CAUSE TO BELIEVE THE OFFENSE IS CONNECTED TO
 CRIMINAL STREET GANG OR CRIMINAL ENTERPRISE ACTIVITY.
   § 4. This act shall take effect immediately.