Bill Text: NY A00254 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes bail for certain harassment offenses which are, or are charged as, hate crimes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to codes [A00254 Detail]
Download: New_York-2023-A00254-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 254 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 certain hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (m), (t) and (u) of subdivision 4 of section 2 510.10 of the criminal procedure law, paragraph (m) as added by section 3 2 of part UU of chapter 56 of the laws of 2020 and paragraph (t) as 4 amended and (u) as added by section 2 of subpart B of part UU of chapter 5 56 of the laws of 2022, are amended and a new paragraph (v) is added to 6 read as follows: 7 (m) assault in the third degree as defined in section 120.00 of the 8 penal law [or], arson in the third degree as defined in section 150.10 9 of the penal law, harassment in the first degree as defined in section 10 240.25 of the penal law, or harassment in the second degree as defined 11 in section 240.26 of the penal law, when such crime is charged as a hate 12 crime as defined in section 485.05 of the penal law; 13 (t) any felony or class A misdemeanor involving harm to an identifi- 14 able person or property, or any charge of criminal possession of a 15 firearm as defined in section 265.01-b of the penal law, where such 16 charge arose from conduct occurring while the defendant was released on 17 his or her own recognizance, released under conditions, or had yet to be 18 arraigned after the issuance of a desk appearance ticket for a separate 19 felony or class A misdemeanor involving harm to an identifiable person 20 or property, or any charge of criminal possession of a firearm as 21 defined in section 265.01-b of the penal law, provided, however, that 22 the prosecutor must show reasonable cause to believe that the defendant 23 committed the instant crime and any underlying crime. For the purposes 24 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. LBD00203-01-3A. 254 2 1 fying offense as defined in this subdivision. For the purposes of this 2 paragraph, "harm to an identifiable person or property" shall include 3 but not be limited to theft of or damage to property. However, based 4 upon a review of the facts alleged in the accusatory instrument, if the 5 court determines that such theft is negligible and does not appear to be 6 in furtherance of other criminal activity, the principal shall be 7 released on his or her own recognizance or under appropriate non-mone- 8 tary conditions; [or] 9 (u) criminal possession of a weapon in the third degree as defined in 10 subdivision three of section 265.02 of the penal law or criminal sale of 11 a firearm to a minor as defined in section 265.16 of the penal law[.]; 12 or 13 (v) aggravated harassment in the first degree as defined in section 14 240.31 of the penal law, or aggravated harassment in the second degree 15 as defined in subdivision three of section 240.30 of the penal law. 16 § 2. Subparagraphs (xiii), (xx) and (xxi) of paragraph (b) of subdivi- 17 sion 1 of section 530.20 of the criminal procedure law, subparagraph 18 (xiii) as amended by section 3 of part UU of chapter 56 of the laws of 19 2020 and subparagraph (xx) as amended and subparagraph (xxi) as added by 20 section 4 of subpart C of part UU of chapter 56 of the laws of 2022, are 21 amended and a new subparagraph (xxii) is added to read as follows: 22 (xiii) assault in the third degree as defined in section 120.00 of the 23 penal law [or], arson in the third degree as defined in section 150.10 24 of the penal law, harassment in the first degree as defined in section 25 240.25 of the penal law, or harassment in the second degree as defined 26 in section 240.26 of the penal law, when such crime is charged as a hate 27 crime as defined in section 485.05 of the penal law; 28 (xx) any felony or class A misdemeanor involving harm to an identifi- 29 able person or property, or any charge of criminal possession of a 30 firearm as defined in section 265.01-b of the penal law where such 31 charge arose from conduct occurring while the defendant was released on 32 his or her own recognizance, released under conditions, or had yet to be 33 arraigned after the issuance of a desk appearance ticket for a separate 34 felony or class A misdemeanor involving harm to an identifiable person 35 or property, provided, however, that the prosecutor must show reasonable 36 cause to believe that the defendant committed the instant crime and any 37 underlying crime. For the purposes of this subparagraph, any of the 38 underlying crimes need not be a qualifying offense as defined in this 39 subdivision. For the purposes of this paragraph, "harm to an identifi- 40 able person or property" shall include but not be limited to theft of or 41 damage to property. However, based upon a review of the facts alleged in 42 the accusatory instrument, if the court determines that such theft is 43 negligible and does not appear to be in furtherance of other criminal 44 activity, the principal shall be released on his or her own recognizance 45 or under appropriate non-monetary conditions; [or] 46 (xxi) criminal possession of a weapon in the third degree as defined 47 in subdivision three of section 265.02 of the penal law or criminal sale 48 of a firearm to a minor as defined in section 265.16 of the penal 49 law[.]; or 50 (xxii) aggravated harassment in the first degree as defined in section 51 240.31 of the penal law, or aggravated harassment in the second degree 52 as defined in subdivision three of section 240.30 of the penal law. 53 § 3. Paragraphs (m), (t) and (u) of subdivision 4 of section 530.40 of 54 the criminal procedure law, as added by section 4 of part UU of chapter 55 56 of the laws of 2020 and paragraph (t) as amended and (u) as added byA. 254 3 1 section 4 of subpart B of part UU of chapter 56 of the laws of 2022, are 2 amended and a new paragraph (v) is added to read as follows: 3 (m) assault in the third degree as defined in section 120.00 of the 4 penal law [or], arson in the third degree as defined in section 150.10 5 of the penal law, harassment in the first degree as defined in section 6 240.25 of the penal law, or harassment in the second degree as defined 7 in section 240.26 of the penal law, when such crime is charged as a hate 8 crime as defined in section 485.05 of the penal law; 9 (t) any felony or class A misdemeanor involving harm to an identifi- 10 able person or property, or any charge of criminal possession of a 11 firearm as defined in section 265.01-b of the penal law, where such 12 charge arose from conduct occurring while the defendant was released on 13 his or her own recognizance, released under conditions, or had yet to be 14 arraigned after the issuance of a desk appearance ticket for a separate 15 felony or class A misdemeanor involving harm to an identifiable person 16 or property, or any charge of criminal possession of a firearm as 17 defined in section 265.01-b of the penal law, provided, however, that 18 the prosecutor must show reasonable cause to believe that the defendant 19 committed the instant crime and any underlying crime. For the purposes 20 of this subparagraph, any of the underlying crimes need not be a quali- 21 fying offense as defined in this subdivision. For the purposes of this 22 paragraph, "harm to an identifiable person or property" shall include 23 but not be limited to theft of or damage to property. However, based 24 upon a review of the facts alleged in the accusatory instrument, if the 25 court determines that such theft is negligible and does not appear to be 26 in furtherance of other criminal activity, the principal shall be 27 released on his or her own recognizance or under appropriate non-mone- 28 tary conditions; [or] 29 (u) criminal possession of a weapon in the third degree as defined in 30 subdivision three of section 265.02 of the penal law or criminal sale of 31 a firearm to a minor as defined in section 265.16 of the penal law[.]; 32 or 33 (v) aggravated harassment in the first degree as defined in section 34 240.31 of the penal law, or aggravated harassment in the second degree 35 as defined in subdivision three of section 240.30 of the penal law. 36 § 4. This act shall take effect immediately.
