Bill Text: NY A00209 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes all hate crimes as a qualifying offense for the purposes of a court's determination to release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or, where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2024-01-03 - referred to codes [A00209 Detail]

Download: New_York-2023-A00209-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           209

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (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 hate crimes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (m) of subdivision 4 of  section  510.10  of  the
     2  criminal  procedure  law, as added by section 2 of part UU of chapter 56
     3  of the laws of 2020, is amended to read as follows:
     4    (m) [assault in the third degree as defined in section 120.00  of  the
     5  penal  law  or arson in the third degree as defined in section 150.10 of
     6  the penal law, when such crime is] any crime charged as a hate crime  as
     7  defined in section 485.05 of the penal law;
     8    §  2. Subparagraph (xiii) of paragraph (b) of subdivision 1 of section
     9  530.20 of the criminal procedure law, as amended by section 3 of part UU
    10  of chapter 56 of the laws of 2020, is amended to read as follows:
    11    (xiii) [assault in the third degree as defined in  section  120.00  of
    12  the  penal law or arson in the third degree as defined in section 150.10
    13  of the penal law, when such crime is] any crime charged as a hate  crime
    14  as defined in section 485.05 of the penal law;
    15    §  3. Paragraph (m) of subdivision 4 of section 530.40 of the criminal
    16  procedure law, as added by section 4 of part UU of  chapter  56  of  the
    17  laws of 2020, is amended to read as follows:
    18    (m)  [assault  in the third degree as defined in section 120.00 of the
    19  penal law or arson in the third degree as defined in section  150.10  of
    20  the  penal law, when such crime is] any crime charged as a hate crime as
    21  defined in section 485.05 of the penal law;
    22    § 4. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00151-01-3