S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    394
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. EICHENSTEIN, BORES -- 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] THE DEFENDANT'S own  recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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 underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01610-01-5
 A. 394                              2
 
 crimes  need not be a qualifying 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 accu-
 satory 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] THE PRINCIPAL'S own recogni-
 zance or under appropriate non-monetary 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] THE DEFENDANT'S own  recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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  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]  THE  PRINCIPAL'S  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, paragraph (m) as added by section 4 of part
 UU of chapter 56 of the laws of 2020 and paragraph (t)  as  amended  and
 A. 394                              3
 
 (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:
   (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]  THE  DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  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  underly-
 ing  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 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 accu-
 satory 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] THE PRINCIPAL'S own recogni-
 zance or under appropriate non-monetary 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.