S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2175
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. STERN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   bail for certain offenses committed during a riot
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (a) and (u) of subdivision 4 of  section  510.10
 of  the criminal procedure law, paragraph (a) as amended by section 2 of
 part UU of chapter 56 of the laws of 2020, paragraph  (u)  as  added  by
 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
 amended and a new paragraph (v) is added to read as follows:
   (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 OR IS CHARGED  WITH  COMMITTING
 SUCH  OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED
 FORTY OF THE PENAL LAW;
   (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[.];
 OR
   (V) ANY FELONY OR CLASS  A  MISDEMEANOR  INVOLVING  HARM  TO  AN IDEN-
 TIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE   AROSE   FROM    CONDUCT
 OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTI-
 CLE TWO HUNDRED FORTY OF THE PENAL LAW.
   §  2. Subparagraphs (i) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal   procedure   law, subparagraph  (i)  as
 amended  by  section  3  of  part  UU of chapter 56 of the laws of 2020,
 subparagraph (xxi) as added by section 4 of subpart  C  of  part  UU  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02659-01-3
              

 A. 2175                             2
 
 chapter  56  of  the  laws  of  2022, are amended and a new subparagraph
 (xxii) is added to read as follows:
   (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, OR IS CHARGED WITH  COMMITTING
 SUCH  OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO HUNDRED
 FORTY OF THE PENAL LAW;
   (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[.]; OR
   (XXII) ANY  FELONY  OR  CLASS  A  MISDEMEANOR  INVOLVING  HARM  TO  AN
 IDENTIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE  AROSE  FROM  CONDUCT
 OCCURRING WHILE THE DEFENDANT WAS ENGAGING IN A RIOT AS DEFINED IN ARTI-
 CLE TWO HUNDRED FORTY OF THE PENAL LAW.
   §  3. Paragraphs (a) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (a) as amended by section 4 of part UU
 of chapter 56 of the laws of 2020, paragraph (u) as added by  section  4
 of  subpart  B of part UU of chapter 56 of the laws of 2022, are amended
 and a new paragraph (v) is added to read as follows:
   (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 OR IS CHARGED WITH COMMITTING
 SUCH OFFENSE WHILE ENGAGING IN A RIOT AS DEFINED IN ARTICLE TWO  HUNDRED
 FORTY OF THE PENAL LAW;
   (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[.];
 OR
   (V)  ANY   FELONY   OR  CLASS  A  MISDEMEANOR  INVOLVING  HARM  TO  AN
 IDENTIFIABLE PERSON OR PROPERTY, WHERE SUCH CHARGE  AROSE  FROM  CONDUCT
 OCCURRING    WHILE    THE  DEFENDANT  WAS  ENGAGING IN A RIOT AS DEFINED
 IN ARTICLE TWO HUNDRED FORTY OF THE PENAL LAW.
   § 4. This act shall take effect immediately.