S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    254
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- 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 certain hate crimes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (m), (t) and (u) of  subdivision  4  of  section
 510.10  of the criminal procedure law, paragraph (m) as added by section
 2 of part UU of chapter 56 of the laws of  2020  and  paragraph  (t)  as
 amended and (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:
   (m) assault in the third degree as defined in section  120.00  of  the
 penal  law  [or], arson in the third degree as defined in section 150.10
 of the penal law, HARASSMENT IN THE FIRST DEGREE AS DEFINED  IN  SECTION
 240.25  OF  THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED
 IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
 crime as defined in section 485.05 of the penal law;
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00203-01-3
 A. 254                              2
 
 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[.];
 OR
   (V) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 240.31  OF  THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND DEGREE
 AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
   § 2. Subparagraphs (xiii), (xx) and (xxi) of paragraph (b) of subdivi-
 sion 1 of section 530.20 of the  criminal  procedure  law,  subparagraph
 (xiii)  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 a new subparagraph (xxii) is added to read as follows:
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal law [or], arson in the third degree as defined in  section  150.10
 of  the  penal law, HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.25 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE  AS  DEFINED
 IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
 crime as defined in section 485.05 of the penal law;
   (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[.]; OR
   (XXII) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.31 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE  SECOND  DEGREE
 AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
   § 3. Paragraphs (m), (t) and (u) 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 and paragraph (t) as amended and (u) as added  by
 A. 254                              3
 
 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:
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law [or], arson in the third degree as defined in  section  150.10
 of  the  penal law, HARASSMENT IN THE FIRST DEGREE AS DEFINED IN SECTION
 240.25 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE  AS  DEFINED
 IN SECTION 240.26 OF THE PENAL LAW, when such crime is charged as a hate
 crime as defined in section 485.05 of the penal law;
   (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[.];
 OR
   (V) AGGRAVATED HARASSMENT IN THE FIRST DEGREE AS  DEFINED  IN  SECTION
 240.31 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE  SECOND  DEGREE
 AS DEFINED IN SUBDIVISION THREE OF SECTION 240.30 OF THE PENAL LAW.
   § 4. This act shall take effect immediately.