NY State Assembly Bill 2023-A7078

Assembly Bill A7078

2023-2024 Legislative Session

Includes offenses involving physical harm or danger to others to be qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail

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Current Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2024	enacting clause stricken
Jan 03, 2024	referred to codes
May 10, 2023	referred to codes

co-Sponsors

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2023-A7078 (ACTIVE) - Details

Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L

2023-A7078 (ACTIVE) - Summary

Includes offenses involving situations where a person physically harms another or engages in conduct that results in an unacceptable level of danger as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail; requires the Office of Court Administration, in conjunction with the New York State Division of Criminal Justice Services, to manage an electronic tracking system maintaining a record of all bail decisions and to deliver a report to the legislature.

2023-A7078 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7078
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, WOERNER, FAHY, WALLACE -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  including
   certain  offenses involving situations where a person physically harms
   another or engages in conduct that results in an unacceptable level of
   danger as qualifying offenses for the purpose of allowing a  principal
   to  be eligible to be held on bail; and to require the Office of Court
   Administration to establish  an electronic tracking system maintaining
   a record of all bail decisions and to deliver a report to the legisla-
   ture
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (a),  (m),  (t)  and  (u) of subdivision 4 of
 section 510.10 of the criminal procedure law, paragraph (a)  as  amended
 and  paragraph (m) 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 seven new paragraphs (v), (w), (x), (y), (z), (aa) and  (bb)
 are 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];
   (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], 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10672-02-3

 A. 7078                             2
 
 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)  ASSAULT  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
 PENAL LAW; RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE  PROVIDER  AS
 DEFINED  IN  SECTION  120.01  OF THE PENAL LAW; VEHICULAR ASSAULT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL LAW; MENACING IN
 THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE PENAL LAW; MENACING
 IN THE SECOND DEGREE AS DEFINED IN SECTION  120.14  OF  THE  PENAL  LAW;
 MENACING  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.15 OF THE PENAL
 LAW; RECKLESS ENDANGERMENT IN THE SECOND DEGREE AS  DEFINED  IN  SECTION
 120.20  OF  THE  PENAL LAW; RECKLESS ENDANGERMENT IN THE FIRST DEGREE AS
 DEFINED IN SECTION 120.25 OF THE PENAL LAW; STALKING IN THE THIRD DEGREE
 AS DEFINED IN SECTION 120.50 OF THE PENAL LAW; OR STALKING IN THE SECOND
 DEGREE AS DEFINED IN SECTION 120.55 OF THE PENAL LAW;
   (W) UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED  IN  SECTION
 135.05 OF THE PENAL LAW;
   (X)  BURGLARY  IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF THE
 PENAL LAW;
   (Y) ARSON IN THE FIFTH DEGREE AS DEFINED IN SECTION 150.01;  ARSON  IN
 THE  FOURTH  DEGREE  AS  DEFINED  IN SECTION 150.05 OF THE PENAL LAW; OR
 ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION   150.10 OF THE    PENAL
 LAW;
   (Z)  PUBLIC  LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03
 OF THE PENAL LAW;
   (AA) CRIMINAL  POSSESSION  OF  A  RAPID-FIRE  MODIFICATION  DEVICE  AS
 DEFINED  IN  SECTION 265.01-C OF THE PENAL LAW; CRIMINAL POSSESSION OF A
 WEAPON IN A RESTRICTED LOCATION AS DEFINED IN  SECTION 265.01-D  OF  THE
 PENAL  LAW;  CRIMINAL  POSSESSION  OF  A  FIREARM, RIFLE OR SHOTGUN IN A
 SENSITIVE LOCATION AS DEFINED IN SECTION 265.01-E OF THE  PENAL  LAW;  A
 VIOLATION OF MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACEMENT OF WEAP-
 ONS  AND  DANGEROUS INSTRUMENTS AND APPLIANCES AS DEFINED IN SUBDIVISION
 FIVE OF SECTION 265.10 OF THE PENAL LAW; PROHIBITED USE  OF  WEAPONS  AS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION 265.35 OF THE PENAL LAW; OR
 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES AS DEFINED  IN
 SECTION 265.37 OF THE PENAL LAW; OR
   (BB) UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN THE THIRD
 DEGREE AS DEFINED IN SECTION 270.25 OF THE PENAL LAW.
 A. 7078                             3
 
   §  2.  Subparagraphs  (i),  (xiii), (xx) and (xxi) of paragraph (b) of
 subdivision 1 of section 530.20 of the criminal procedure law,  subpara-
 graphs  (i)  and (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 seven new subparagraphs (xxii), (xxiii),
 (xxiv), (xxv), (xxvi),  (xxvii)  and  (xxviii)  are  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];
   (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], 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[.];
   (XXII) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
 PENAL LAW; RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE  PROVIDER  AS
 DEFINED  IN  SECTION  120.01  OF THE PENAL LAW; VEHICULAR ASSAULT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL LAW; MENACING IN
 THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE PENAL LAW; MENACING
 IN THE SECOND DEGREE AS DEFINED IN SECTION  120.14  OF  THE  PENAL  LAW;
 MENACING  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.15 OF THE PENAL
 LAW; RECKLESS ENDANGERMENT IN THE SECOND DEGREE AS  DEFINED  IN  SECTION
 120.20  OF  THE  PENAL LAW; RECKLESS ENDANGERMENT IN THE FIRST DEGREE AS
 DEFINED IN SECTION 120.25 OF THE PENAL LAW; STALKING IN THE THIRD DEGREE
 AS DEFINED IN SECTION 120.50 OF THE PENAL LAW; OR STALKING IN THE SECOND
 DEGREE AS DEFINED IN SECTION 120.55 OF THE PENAL LAW;
   (XXIII) UNLAWFUL IMPRISONMENT IN  THE  SECOND  DEGREE  AS  DEFINED  IN
 SECTION 135.05 OF THE PENAL LAW;
   (XXIV)  BURGLARY  IN  THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF
 THE PENAL LAW;
 A. 7078                             4
 
   (XXV) ARSON IN THE FIFTH DEGREE AS DEFINED IN SECTION 150.01; ARSON IN
 THE FOURTH DEGREE AS DEFINED IN SECTION 150.05  OF  THE  PENAL  LAW;  OR
 ARSON  IN  THE  THIRD DEGREE AS DEFINED IN SECTION  150.10 OF THE  PENAL
 LAW;
   (XXVI)  PUBLIC  LEWDNESS  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION
 245.03 OF THE PENAL LAW;
   (XXVII) CRIMINAL POSSESSION OF A  RAPID-FIRE  MODIFICATION  DEVICE  AS
 DEFINED  IN  SECTION 265.01-C OF THE PENAL LAW; CRIMINAL POSSESSION OF A
 WEAPON IN A RESTRICTED LOCATION AS DEFINED IN  SECTION 265.01-D  OF  THE
 PENAL  LAW;  CRIMINAL  POSSESSION  OF  A  FIREARM, RIFLE OR SHOTGUN IN A
 SENSITIVE LOCATION AS DEFINED IN SECTION 265.01-E OF THE  PENAL  LAW;  A
 VIOLATION OF MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACEMENT OF WEAP-
 ONS  AND  DANGEROUS INSTRUMENTS AND APPLIANCES AS DEFINED IN SUBDIVISION
 FIVE OF SECTION 265.10 OF THE PENAL LAW; PROHIBITED USE  OF  WEAPONS  AS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION 265.35 OF THE PENAL LAW; OR
 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES AS DEFINED  IN
 SECTION 265.37 OF THE PENAL LAW; OR
   (XXVIII)  UNLAWFUL  FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN THE
 THIRD DEGREE AS DEFINED IN SECTION 270.25 OF THE PENAL LAW.
   § 3. Paragraphs (a), (m), (t) and (u)  of  subdivision  4  of  section
 530.40 of the criminal procedure law, paragraph (a) as amended and para-
 graph  (m) 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  seven  new  paragraphs  (v),  (w), (x), (y), (z), (aa) and (bb) are
 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];
   (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], 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]
 A. 7078                             5
 
   (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)  ASSAULT  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
 PENAL LAW; RECKLESS ASSAULT OF A CHILD BY A CHILD DAY CARE  PROVIDER  AS
 DEFINED  IN  SECTION  120.01  OF THE PENAL LAW; VEHICULAR ASSAULT IN THE
 SECOND DEGREE AS DEFINED IN SECTION 120.03 OF THE PENAL LAW; MENACING IN
 THE FIRST DEGREE AS DEFINED IN SECTION 120.13 OF THE PENAL LAW; MENACING
 IN THE SECOND DEGREE AS DEFINED IN SECTION  120.14  OF  THE  PENAL  LAW;
 MENACING  IN  THE THIRD DEGREE AS DEFINED IN SECTION 120.15 OF THE PENAL
 LAW; RECKLESS ENDANGERMENT IN THE SECOND DEGREE AS  DEFINED  IN  SECTION
 120.20  OF  THE  PENAL LAW; RECKLESS ENDANGERMENT IN THE FIRST DEGREE AS
 DEFINED IN SECTION 120.25 OF THE PENAL LAW; STALKING IN THE THIRD DEGREE
 AS DEFINED IN SECTION 120.50 OF THE PENAL LAW; OR STALKING IN THE SECOND
 DEGREE AS DEFINED IN SECTION 120.55 OF THE PENAL LAW;
   (W) UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE AS DEFINED  IN  SECTION
 135.05 OF THE PENAL LAW;
   (X)  BURGLARY  IN THE THIRD DEGREE AS DEFINED IN SECTION 140.20 OF THE
 PENAL LAW;
   (Y) ARSON IN THE FIFTH DEGREE AS DEFINED IN SECTION 150.01;  ARSON  IN
 THE  FOURTH  DEGREE  AS  DEFINED  IN SECTION 150.05 OF THE PENAL LAW; OR
 ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION   150.10 OF THE    PENAL
 LAW;
   (Z)  PUBLIC  LEWDNESS IN THE FIRST DEGREE AS DEFINED IN SECTION 245.03
 OF THE PENAL LAW;
   (AA) CRIMINAL  POSSESSION  OF  A  RAPID-FIRE  MODIFICATION  DEVICE  AS
 DEFINED  IN  SECTION 265.01-C OF THE PENAL LAW; CRIMINAL POSSESSION OF A
 WEAPON IN A RESTRICTED LOCATION AS DEFINED IN  SECTION 265.01-D  OF  THE
 PENAL  LAW;  CRIMINAL  POSSESSION  OF  A  FIREARM, RIFLE OR SHOTGUN IN A
 SENSITIVE LOCATION AS DEFINED IN SECTION 265.01-E OF THE  PENAL  LAW;  A
 VIOLATION OF MANUFACTURE, TRANSPORT, DISPOSITION AND DEFACEMENT OF WEAP-
 ONS  AND  DANGEROUS INSTRUMENTS AND APPLIANCES AS DEFINED IN SUBDIVISION
 FIVE OF SECTION 265.10 OF THE PENAL LAW; PROHIBITED USE  OF  WEAPONS  AS
 DEFINED  IN  SUBDIVISION  THREE  OF  SECTION 265.35 OF THE PENAL LAW; OR
 UNLAWFUL POSSESSION OF CERTAIN AMMUNITION FEEDING DEVICES AS DEFINED  IN
 SECTION 265.37 OF THE PENAL LAW; OR
   (BB) UNLAWFUL FLEEING A POLICE OFFICER IN A MOTOR VEHICLE IN THE THIRD
 DEGREE AS DEFINED IN SECTION 270.25 OF THE PENAL LAW.
   §  4.  The Office of Court Administration, in conjunction with the New
 York State Division of Criminal Justice Services, shall manage an  elec-
 tronic  tracking  system  maintaining  a record of all bail decisions of
 judges in this state, specifying by court, the number of cases in  which
 bail  was  granted,  in  which  bail was denied and in which no bail was
 required. If bail was granted, the average amount of bail required shall
 be specified.  On or before July 31st of each year, the Office of  Court
 Administration  shall prepare a report detailing the record of cases and
 deliver such report to the Speaker of the  Assembly  and  the  Temporary
 President of the Senate.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that section four of  this  act  shall  take
 effect  one year after it shall have become a law.  Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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Assembly Bill A7078

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Sponsored By

ZEBROWSKI

Current Bill Status - Stricken

co-Sponsors

Carrie Woerner

Patricia Fahy

Monica P. Wallace

Fred Thiele

2023-A7078 (ACTIVE) - Details

2023-A7078 (ACTIVE) - Summary

2023-A7078 (ACTIVE) - Bill Text download pdf

Comments