S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1495
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON,  JONES, McMAHON, STERN, THIELE,
   WALLACE -- read once and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  drug  and
   domestic violence offenses qualifying for bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and paragraphs (a), (d), (j), (t) and
 (u) of subdivision 4 of section 510.10 of the  criminal  procedure  law,
 the  opening  paragraph  and paragraphs (a) and (d) as amended and para-
 graph (j) as added by section 2 of part UU of chapter 56 of the laws  of
 2020, and paragraph (t) as amended and paragraph (u) as added by section
 2 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
 and two new paragraphs (v) and (w) are added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. A principal stands charged with
 a qualifying offense for the purposes of this subdivision when he or she
 stands charged with:
   (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];
   (d) a class A felony AS defined in the penal law[, provided  that  for
 class A felonies under article two hundred twenty of the penal law, only
 class A-I felonies shall be a qualifying offense];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04820-01-3
 A. 1495                             2
              

 
   (j)  any  crime  that  is  alleged to have caused the death OR SERIOUS
 PHYSICAL INJURY of another person;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  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 quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law[.];
   (V)  A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
 OF THE PENAL LAW; OR
   (W) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75  OF  THE
 PENAL LAW.
   §  2. The opening paragraph and subparagraphs (i), (iv), (x), (xx) and
 (xxi) of paragraph (b) of subdivision 1 of section 530.20 of the  crimi-
 nal procedure law, the opening paragraph and subparagraphs (i), (iv) and
 (x)  as  amended  by  section  3 of part UU of chapter 56 of the laws of
 2020, and subparagraph (xx) as amended and subparagraph (xxi)  as  added
 by  section 4 of subpart C of part UU of chapter 56 of the laws of 2022,
 are amended and two new subparagraphs and (xxii) and (xxiii)  are  added
 to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or in writing. A principal stands charged with a qualifying offense when
 he or she stands charged with:
   (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];
   (iv) a class A felony AS defined in the penal law[, provided, that for
 class  A  felonies  under  article  two hundred twenty of such law, only
 class A-I felonies shall be a qualifying offense];
 A. 1495                             3
 
   (x) any crime that is alleged to have  caused  the  death  OR  SERIOUS
 PHYSICAL INJURY of another person;
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket 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. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.];
   (XXII)  A  CLASS  B,  C  OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED
 TWENTY OF THE PENAL LAW; OR
   (XXIII) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION  240.75  OF
 THE PENAL LAW.
   §  3.  The opening paragraph and paragraphs (a), (d), (j), (t) and (u)
 of subdivision 4 of section 530.40 of the criminal  procedure  law,  the
 opening  paragraph  and  paragraphs (a) and (d) as amended and paragraph
 (j) as added by section 4 of part UU of chapter 56 of the laws of  2020,
 and  paragraph (t) as amended and paragraph (u) as added by section 4 of
 subpart B of part UU of chapter 56 of the laws of 2022, are amended  and
 two new paragraphs (v) and (w) are added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or, where the  defendant  is  charged
 with  a qualifying offense [which is a felony], the court may commit the
 principal to the custody of the sheriff. The  court  shall  explain  its
 choice of release, release with conditions, bail or remand on the record
 or  in writing. A principal stands charged with a qualifying offense for
 the purposes of this subdivision when he or she stands charged with:
   (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];
   (d) a class A felony AS defined in the penal law[, provided  that  for
 class  A  felonies  under  article  two hundred twenty of such law, only
 class A-I felonies shall be a qualifying offense];
   (j) any crime that is alleged to have  caused  the  death  OR  SERIOUS
 PHYSICAL INJURY of another person;
 A. 1495                             4
 
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  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 quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law[.];
   (V)  A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED TWENTY
 OF THE PENAL LAW; OR
   (W) AN AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75  OF  THE
 PENAL LAW.
   § 4. This act shall take effect immediately.