S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7031
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. ZEBROWSKI, WILLIAMS, PAULIN, LAVINE -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  including  a
   class  E  felony  and a class A misdemeanor involving harm to an iden-
   tifiable person or to identifiable property if  the  person  has  been
   convicted  of  any  felony  or class A misdemeanor within the previous
   three years or any other misdemeanor within the previous two years  in
   the exceptions to the authority of a police officer to arrest a person
   without  a warrant and to the authority of a public servant other than
   a police officer to serve an appearance ticket
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 1 and subdivisions 2 and 3 of
 section 150.20 of the criminal procedure law, paragraph (a) of  subdivi-
 sion  1  as amended by section 1-a of part JJJ of chapter 59 of the laws
 of 2019 and subdivisions 2 and 3 as amended by chapter 550 of  the  laws
 of 1987, are amended to read as follows:
   (a) Whenever a police officer is authorized pursuant to section 140.10
 of  this title to arrest a person without a warrant for an offense other
 than a class A, B, C [or], D OR E  felony,  OR  A  CLASS  A  MISDEMEANOR
 INVOLVING  HARM TO AN IDENTIFIABLE PERSON OR TO IDENTIFIABLE PROPERTY IF
 THE PERSON HAS BEEN CONVICTED OF ANY FELONY OR CLASS A MISDEMEANOR WITH-
 IN THE PREVIOUS THREE YEARS OR ANY OTHER MISDEMEANOR WITHIN THE PREVIOUS
 TWO YEARS, or a violation of section  130.25,  130.40,  205.10,  205.17,
 205.19  or 215.56 of the penal law, he shall, except as set out in para-
 graph (b) of this subdivision, subject to the provisions of subdivisions
 three and four of section 150.40 of this [title] ARTICLE, instead  issue
 to and serve upon such person an appearance ticket.
   2.  (a)  Whenever  a  police  officer  has arrested a person without a
 warrant for an offense other than a class A, B, C [or], D OR  E  felony,
 OR  A CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFIABLE PERSON OR TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10627-01-3
              

 A. 7031                             2
 
 IDENTIFIABLE PROPERTY IF THE PERSON HAS BEEN CONVICTED OF ANY FELONY  OR
 CLASS  A MISDEMEANOR WITHIN THE PREVIOUS THREE YEARS OR ANY OTHER MISDE-
 MEANOR WITHIN THE PREVIOUS TWO YEARS, or a violation of section  130.25,
 130.40,  205.10,  205.17,  205.19 or 215.56 of the penal law pursuant to
 section 140.10 OF THIS TITLE, or (b) whenever a peace  officer,  who  is
 not  authorized  by  law  to  issue an appearance ticket, has arrested a
 person for an offense other than a class A, B, C [or], D OR E felony, OR
 A CLASS A MISDEMEANOR INVOLVING HARM TO AN  IDENTIFIABLE  PERSON  OR  TO
 IDENTIFIABLE  PROPERTY IF THE PERSON HAS BEEN CONVICTED OF ANY FELONY OR
 CLASS A MISDEMEANOR WITHIN THE PREVIOUS THREE YEARS OR ANY OTHER  MISDE-
 MEANOR  WITHIN THE PREVIOUS TWO YEARS, or a violation of section 130.25,
 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal  law  pursuant  to
 section  140.25  OF  THIS  TITLE,  and has requested a police officer to
 issue and serve upon such arrested person an appearance ticket  pursuant
 to subdivision four of section 140.27, or (c) whenever a person has been
 arrested for an offense other than a class A, B, C [or], D OR E felony ,
 OR  A CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFIABLE PERSON OR TO
 IDENTIFIABLE PROPERTY IF THE PERSON HAS BEEN CONVICTED OF ANY FELONY  OR
 CLASS  A MISDEMEANOR WITHIN THE PREVIOUS THREE YEARS OR ANY OTHER MISDE-
 MEANOR WITHIN THE PREVIOUS TWO YEARS, or a violation of section  130.25,
 130.40,  205.10,  205.17, 205.19 or 215.56 of the penal law and has been
 delivered to the custody of an appropriate police  officer  pursuant  to
 section 140.40 OF THIS TITLE, such police officer may, instead of bring-
 ing  such  person  before  a local criminal court and promptly filing or
 causing the arresting peace officer or arresting person to file a  local
 criminal  court accusatory instrument therewith, issue to and serve upon
 such person an appearance  ticket.  [The  issuance  and  service  of  an
 appearance  ticket  under  such  circumstances may be conditioned upon a
 deposit of pre-arraignment bail, as provided in section 150.30.]
   3. A public servant other than a  police  officer,  who  is  specially
 authorized  by state law or local law enacted pursuant to the provisions
 of the municipal home rule law to issue  and  serve  appearance  tickets
 with  respect to designated offenses other than class A, B, C [or], D OR
 E felonies, OR A CLASS A MISDEMEANOR INVOLVING HARM TO  AN  IDENTIFIABLE
 PERSON  OR  TO IDENTIFIABLE PROPERTY IF THE PERSON HAS BEEN CONVICTED OF
 ANY FELONY OR CLASS A MISDEMEANOR WITHIN THE PREVIOUS THREE YEARS OR ANY
 OTHER MISDEMEANOR WITHIN  THE  PREVIOUS  TWO  YEARS,  or  violations  of
 section  130.25,  130.40,  205.10, 205.17, 205.19 or 215.56 of the penal
 law, may in such cases issue and serve upon a person an appearance tick-
 et when he has reasonable cause to believe that such person has  commit-
 ted a crime, or has committed a petty offense in his presence.
   §  2.    This act shall take effect on the sixtieth day after it shall
 have become a law.