Bill Text: NY A00375 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes bail and pre-trial detention for domestic violence charges.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A00375 Detail]

Download: New_York-2021-A00375-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           375

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by M. of A. PAULIN, LUPARDO -- read once and referred to the
          Committee on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  bail  and
          pre-trial detention and domestic violence charges

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

     1    Section 1. Section 510.10 of the criminal procedure law, as amended by
     2  section 2 of part JJJ of chapter 59 of the laws of 2019 and  subdivision
     3  4  as amended by section 2 of part UU of chapter 56 of the laws of 2020,
     4  is amended to read as follows:
     5  § 510.10 Securing order; when required; alternatives available; standard
     6             to be applied.
     7    1. When a principal, whose  future  court  attendance  at  a  criminal
     8  action or proceeding is or may be required, comes under the control of a
     9  court,  such  court  shall, in accordance with this title, by a securing
    10  order release the principal on the principal's own recognizance, release
    11  the principal under non-monetary conditions, or, where  authorized,  fix
    12  bail  or commit the principal to the custody of the sheriff. In all such
    13  cases, except where another type  of  securing  order  is  shown  to  be
    14  required  by law, the court shall release the principal pending trial on
    15  the principal's own recognizance, unless  it  is  demonstrated  and  the
    16  court  makes  an individualized determination that the principal poses a
    17  risk of flight to avoid prosecution. If such  a  finding  is  made,  the
    18  court  must  select  the  least restrictive alternative and condition or
    19  conditions that will reasonably assure the principal's return to  court.
    20  The  court shall explain its choice of release, release with conditions,
    21  bail or remand on the record or in writing.
    22    2. A principal is entitled to representation  by  counsel  under  this
    23  chapter  in  preparing an application for release, when a securing order
    24  is being considered and when a securing  order  is  being  reviewed  for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02096-01-1
        A. 375                              2

     1  modification, revocation or termination. If the principal is financially
     2  unable to obtain counsel, counsel shall be assigned to the principal.
     3    3. In cases other than as described in [subdivision] subdivisions four
     4  and  five  of this section the court shall release the principal pending
     5  trial on the principal's own recognizance, unless the court finds on the
     6  record or in writing that release on the  principal's  own  recognizance
     7  will  not  reasonably  assure  the  principal's return to court. In such
     8  instances, the court shall  release  the  principal  under  non-monetary
     9  conditions,  selecting  the least restrictive alternative and conditions
    10  that will reasonably assure the principal's return to court.  The  court
    11  shall  explain its choice of alternative and conditions on the record or
    12  in writing.
    13    4. Where the principal stands charged with a qualifying  offense,  the
    14  court, unless otherwise prohibited by law, may in its discretion release
    15  the principal pending trial on the principal's own recognizance or under
    16  non-monetary  conditions,  fix  bail, or, where the defendant is charged
    17  with a qualifying offense which is a felony, the court  may  commit  the
    18  principal to the custody of the sheriff. A principal stands charged with
    19  a qualifying offense for the purposes of this subdivision when he or she
    20  stands charged with:
    21    (a)  a felony enumerated in section 70.02 of the penal law, other than
    22  robbery in the second degree as defined in subdivision  one  of  section
    23  160.10  of the penal law, provided, however, that burglary in the second
    24  degree as defined in subdivision two of section 140.25 of the penal  law
    25  shall  be  a qualifying offense only where the defendant is charged with
    26  entering the living area of the dwelling;
    27    (b) a crime involving witness intimidation under section 215.15 of the
    28  penal law;
    29    (c) a crime involving witness tampering under section  215.11,  215.12
    30  or 215.13 of the penal law;
    31    (d) a class A felony defined in the penal law, provided that for class
    32  A felonies under article two hundred twenty of the penal law, only class
    33  A-I felonies shall be a qualifying offense;
    34    (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
    35  the  penal  law, or a felony sex offense defined in section 70.80 of the
    36  penal law, or a crime involving incest as  defined  in  section  255.25,
    37  255.26  or  255.27  of such law, or a misdemeanor defined in article one
    38  hundred thirty of such law;
    39    (f) conspiracy in the second degree as defined in  section  105.15  of
    40  the  penal  law,  where the underlying allegation of such charge is that
    41  the defendant conspired to commit a class A felony  defined  in  article
    42  one hundred twenty-five of the penal law;
    43    (g)  money  laundering  in support of terrorism in the first degree as
    44  defined in section 470.24 of the penal law; money laundering in  support
    45  of  terrorism  in  the second degree as defined in section 470.23 of the
    46  penal law; money laundering in support of terrorism in the third  degree
    47  as  defined  in  section  470.22  of  the penal law; money laundering in
    48  support of terrorism in the fourth degree as defined in  section  470.21
    49  of  the  penal law; or a felony crime of terrorism as defined in article
    50  four hundred ninety of the penal law, other than the  crime  defined  in
    51  section 490.20 of such law;
    52    (h)  [criminal contempt in the second degree as defined in subdivision
    53  three of section 215.50 of the penal law, criminal contempt in the first
    54  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    55  the  penal  law  or  aggravated  criminal contempt as defined in section
    56  215.52 of the penal law, and the underlying allegation of such charge of
        A. 375                              3

     1  criminal contempt in the second degree, criminal contempt in  the  first
     2  degree  or aggravated criminal contempt is that the defendant violated a
     3  duly served order of protection where the protected party is a member of
     4  the  defendant's  same family or household as defined in subdivision one
     5  of section 530.11 of this title;
     6    (i)] facilitating a sexual performance by a child  with  a  controlled
     7  substance  or alcohol as defined in section 263.30 of the penal law, use
     8  of a child in a sexual performance as defined in section 263.05  of  the
     9  penal  law  or  luring  a child as defined in subdivision one of section
    10  120.70 of the penal law, promoting an obscene sexual  performance  by  a
    11  child as defined in section 263.10 of the penal law or promoting a sexu-
    12  al performance by a child as defined in section 263.15 of the penal law;
    13    [(j)] (i) any crime that is alleged to have caused the death of anoth-
    14  er person;
    15    [(k)]  (j)  criminal  obstruction of breathing or blood circulation as
    16  defined in section 121.11 of the penal law, strangulation in the  second
    17  degree  as defined in section 121.12 of the penal law or unlawful impri-
    18  sonment in the first degree as defined in section 135.10  of  the  penal
    19  law,  and  is  alleged to have committed the offense against a member of
    20  the defendant's same family or household as defined in  subdivision  one
    21  of section 530.11 of this title;
    22    [(l)]  (k) aggravated vehicular assault as defined in section 120.04-a
    23  of the penal law or vehicular assault in the first degree as defined  in
    24  section 120.04 of the penal law;
    25    [(m)]  (l) assault in the third degree as defined in section 120.00 of
    26  the penal law or arson in the third degree as defined in section  150.10
    27  of  the penal law, when such crime is charged as a hate crime as defined
    28  in section 485.05 of the penal law;
    29    [(n)] (m) aggravated assault upon a person less than eleven years  old
    30  as  defined in section 120.12 of the penal law or criminal possession of
    31  a weapon on school grounds as defined in section 265.01-a of  the  penal
    32  law;
    33    [(o)]  (n)  grand  larceny  in  the first degree as defined in section
    34  155.42 of the penal law, enterprise corruption  as  defined  in  section
    35  460.20  of  the  penal  law,  or money laundering in the first degree as
    36  defined in section 470.20 of the penal law;
    37    [(p)] (o) failure to register as a sex offender  pursuant  to  section
    38  one  hundred  sixty-eight-t  of  the  correction  law or endangering the
    39  welfare of a child as defined in subdivision one of  section  260.10  of
    40  the  penal law, where the defendant is required to maintain registration
    41  under article six-C of the correction law and designated a  level  three
    42  offender   pursuant   to   subdivision   six   of  section  one  hundred
    43  sixty-eight-l of the correction law;
    44    [(q)] (p) a crime involving bail jumping under section 215.55,  215.56
    45  or  215.57  of the penal law, or a crime involving escaping from custody
    46  under section 205.05, 205.10 or 205.15 of the penal law;
    47    [(r)] (q) any felony offense committed by the principal while  serving
    48  a sentence of probation or while released to post release supervision;
    49    [(s)]  (r)  a  felony, where the defendant qualifies for sentencing on
    50  such charge as a persistent felony offender pursuant to section 70.10 of
    51  the penal law; or
    52    [(t)] (s) any felony or class A misdemeanor involving harm to an iden-
    53  tifiable person or property, where such charge arose from conduct occur-
    54  ring while the defendant was released on his or her own recognizance  or
    55  released  under  conditions for a separate felony or class A misdemeanor
    56  involving harm to an identifiable person or property, provided, however,
        A. 375                              4

     1  that the prosecutor must show  reasonable  cause  to  believe  that  the
     2  defendant  committed the instant crime and any underlying crime. For the
     3  purposes of this subparagraph, any of the underlying crimes need not  be
     4  a qualifying offense as defined in this subdivision.
     5    5. Where the principal stands charged with a crime or crimes against a
     6  member  or  members  of  the  same  family  or household as that term is
     7  defined in subdivision one of section 530.11 of this title,  the  court,
     8  unless  otherwise  prohibited  by law, may in its discretion release the
     9  principal pending trail on the principal's  own  recognizance  or  under
    10  non-monetary conditions, fix bail, or commit the principal to the custo-
    11  dy of the sheriff.
    12    6.  Notwithstanding  the  provisions of subdivisions three [and], four
    13  and five of this section, with respect to any charge for which  bail  or
    14  remand  is  not  ordered, and for which the court would not or could not
    15  otherwise require bail or remand, a defendant may, at any time,  request
    16  that  the  court set bail in a nominal amount requested by the defendant
    17  in the form specified in paragraph (a) of  subdivision  one  of  section
    18  520.10  of  this  title;  if  the court is satisfied that the request is
    19  voluntary, the court shall set such bail in such amount.
    20    [6.] 7. When a securing order is revoked or  otherwise  terminated  in
    21  the  course  of  an uncompleted action or proceeding but the principal's
    22  future court attendance still is or may be required and the principal is
    23  still under the control of a court, a new securing order must be issued.
    24  When the court revokes or otherwise terminates a  securing  order  which
    25  committed  the  principal to the custody of the sheriff, the court shall
    26  give written notification to the sheriff of such  revocation  or  termi-
    27  nation of the securing order.
    28    §  2. Paragraph (g) of subdivision 1 of section 510.30 of the criminal
    29  procedure law is amended by adding three new subparagraphs  (iii),  (iv)
    30  and (v) to read as follows:
    31    (iii)  any  history  of  prior acts of violence or threats of violence
    32  against a witness in the pending criminal action; and
    33    (iv) any order of protection issued by any court against the principal
    34  for the protection of a member or members of the same family  or  house-
    35  hold  as  that  term  is defined in subdivision one of section 530.11 of
    36  this title, whether or not such order  of  protection  is  currently  in
    37  effect; and
    38    (v)  any prior arrest or conviction for a crime or violation against a
    39  member or members of the same  family  or  household  as  that  term  is
    40  defined in subdivision one of section 530.11 of this title; and
    41    § 3. Subdivision 1 of section 530.20 of the criminal procedure law, as
    42  amended  by section 16 of part JJJ of chapter 59 of the laws of 2019 and
    43  paragraph (b) as amended by section 3 of part UU of chapter  56  of  the
    44  laws of 2020, is amended to read as follows:
    45    1.  (a)  In  cases  other than as described in paragraph (b) or (c) of
    46  this subdivision the court shall release the principal pending trial  on
    47  the  principal's  own recognizance, unless the court finds on the record
    48  or in writing that release on the principal's own recognizance will  not
    49  reasonably  assure  the  principal's return to court. In such instances,
    50  the court shall release the  principal  under  non-monetary  conditions,
    51  selecting  the  least  restrictive  alternative and conditions that will
    52  reasonably assure the principal's  return  to  court.  The  court  shall
    53  explain  its  choice  of  alternative and conditions on the record or in
    54  writing.
    55    (b) Where the principal stands charged with a qualifying offense,  the
    56  court, unless otherwise prohibited by law, may in its discretion release
        A. 375                              5

     1  the principal pending trial on the principal's own recognizance or under
     2  non-monetary  conditions,  fix  bail, or, where the defendant is charged
     3  with a qualifying offense which is a felony, the court  may  commit  the
     4  principal  to  the  custody  of the sheriff. The court shall explain its
     5  choice of release, release with conditions, bail or remand on the record
     6  or in writing. A principal stands charged with a qualifying offense when
     7  he or she stands charged with:
     8    (i) a felony enumerated in section 70.02 of the penal law, other  than
     9  robbery  in  the  second degree as defined in subdivision one of section
    10  160.10 of the penal law, provided, however, that burglary in the  second
    11  degree  as defined in subdivision two of section 140.25 of the penal law
    12  shall be a qualifying offense only where the defendant is  charged  with
    13  entering the living area of the dwelling;
    14    (ii)  a  crime  involving witness intimidation under section 215.15 of
    15  the penal law;
    16    (iii) a crime involving witness tampering under section 215.11, 215.12
    17  or 215.13 of the penal law;
    18    (iv) a class A felony defined in the penal  law,  provided,  that  for
    19  class  A  felonies  under  article  two hundred twenty of such law, only
    20  class A-I felonies shall be a qualifying offense;
    21    (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
    22  the penal law, or a felony sex offense defined in section 70.80  of  the
    23  penal  law  or  a  crime  involving incest as defined in section 255.25,
    24  255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
    25  hundred thirty of such law;
    26    (vi)  conspiracy  in the second degree as defined in section 105.15 of
    27  the penal law, where the underlying allegation of such  charge  is  that
    28  the  defendant  conspired  to commit a class A felony defined in article
    29  one hundred twenty-five of the penal law;
    30    (vii) money laundering in support of terrorism in the first degree  as
    31  defined  in section 470.24 of the penal law; money laundering in support
    32  of terrorism in the second degree as defined in section  470.23  of  the
    33  penal  law; money laundering in support of terrorism in the third degree
    34  as defined in section 470.22 of  the  penal  law;  money  laundering  in
    35  support  of  terrorism in the fourth degree as defined in section 470.21
    36  of the penal law; or a felony crime of terrorism as defined  in  article
    37  four  hundred  ninety  of the penal law, other than the crime defined in
    38  section 490.20 of such law;
    39    (viii) [criminal contempt in the second degree as defined in  subdivi-
    40  sion  three of section 215.50 of the penal law, criminal contempt in the
    41  first degree as defined in subdivision (b), (c) or (d) of section 215.51
    42  of the penal law or aggravated criminal contempt as defined  in  section
    43  215.52 of the penal law, and the underlying allegation of such charge of
    44  criminal  contempt  in the second degree, criminal contempt in the first
    45  degree or aggravated criminal contempt is that the defendant violated  a
    46  duly served order of protection where the protected party is a member of
    47  the  defendant's  same family or household as defined in subdivision one
    48  of section 530.11 of this article;
    49    (ix)] facilitating a sexual performance by a child with  a  controlled
    50  substance  or alcohol as defined in section 263.30 of the penal law, use
    51  of a child in a sexual performance as defined in section 263.05  of  the
    52  penal  law  or  luring  a child as defined in subdivision one of section
    53  120.70 of the penal law, promoting an obscene sexual  performance  by  a
    54  child as defined in section 263.10 of the penal law or promoting a sexu-
    55  al performance by a child as defined in section 263.15 of the penal law;
        A. 375                              6

     1    [(x)]  (ix)  any  crime  that  is  alleged to have caused the death of
     2  another person;
     3    [(xi)]  (x)  criminal obstruction of breathing or blood circulation as
     4  defined in section 121.11 of the penal law, strangulation in the  second
     5  degree  as defined in section 121.12 of the penal law or unlawful impri-
     6  sonment in the first degree as defined in section 135.10  of  the  penal
     7  law,  and  is  alleged to have committed the offense against a member of
     8  the defendant's same family or household as defined in  subdivision  one
     9  of section 530.11 of this article;
    10    [(xii)]  (xi)  aggravated  vehicular  assault  as  defined  in section
    11  120.04-a of the penal law or vehicular assault in the  first  degree  as
    12  defined in section 120.04 of the penal law;
    13    [(xiii)]  (xii)  assault  in  the  third  degree as defined in section
    14  120.00 of the penal law or arson in  the  third  degree  as  defined  in
    15  section  150.10  of  the penal law, when such crime is charged as a hate
    16  crime as defined in section 485.05 of the penal law;
    17    [(xiv)] (xiii) aggravated assault upon a person less than eleven years
    18  old as defined in section 120.12 of the penal law or criminal possession
    19  of a weapon on school grounds as defined  in  section  265.01-a  of  the
    20  penal law;
    21    [(xv)]  (xiv)  grand larceny in the first degree as defined in section
    22  155.42 of the penal law, enterprise corruption  as  defined  in  section
    23  460.20  of  the  penal  law,  or money laundering in the first degree as
    24  defined in section 470.20 of the penal law;
    25    [(xvi)] (xv) failure to register as a sex offender pursuant to section
    26  one hundred sixty-eight-t of  the  correction  law  or  endangering  the
    27  welfare  of  a  child as defined in subdivision one of section 260.10 of
    28  the penal law, where the defendant is required to maintain  registration
    29  under  article  six-C of the correction law and designated a level three
    30  offender  pursuant  to  subdivision   six   of   section   one   hundred
    31  sixty-eight-l of the correction law;
    32    [(xvii)]  (xvi)  a  crime involving bail jumping under section 215.55,
    33  215.56 or 215.57 of the penal law, or a crime  involving  escaping  from
    34  custody under section 205.05, 205.10 or 205.15 of the penal law;
    35    [(xviii)]  (xvii)  any felony offense committed by the principal while
    36  serving a sentence of probation or while released to post release super-
    37  vision;
    38    [(xix)] (xviii) a felony, where the defendant qualifies for sentencing
    39  on such charge as a persistent felony offender pursuant to section 70.10
    40  of the penal law; or
    41    [(xx)] (xix) any felony or class A misdemeanor involving  harm  to  an
    42  identifiable  person  or  property, where such charge arose from conduct
    43  occurring while the defendant was released on his or  her  own  recogni-
    44  zance  or  released  under  conditions  for a separate felony or class A
    45  misdemeanor involving  harm  to  an  identifiable  person  or  property,
    46  provided,  however,  that  the  prosecutor must show reasonable cause to
    47  believe that the defendant committed the instant crime and any  underly-
    48  ing  crime. For the purposes of this subparagraph, any of the underlying
    49  crimes need not be a qualifying offense as defined in this subdivision.
    50    (c) Where the principal stands charged with a crime or crimes  against
    51  a  member  or  members  of  the same family or household as that term is
    52  defined in subdivision one or section 530.11 of this article, the court,
    53  unless otherwise prohibited by law, may in its  discretion  release  the
    54  principal  pending  trial  on  the principal's own recognizance or under
    55  non-monetary conditions, fix bail, or commit the principal to the custo-
    56  dy of the sheriff.
        A. 375                              7

     1    (d) Notwithstanding the provisions of paragraphs (a)  [and],  (b)  and
     2  (c)  of  this  subdivision, with respect to any charge for which bail or
     3  remand is not ordered, and for which the court would not  or  could  not
     4  otherwise  require bail or remand, a defendant may, at any time, request
     5  that  the  court set bail in a nominal amount requested by the defendant
     6  in the form specified in paragraph (a) of  subdivision  one  of  section
     7  520.10  of  this  title;  if  the court is satisfied that the request is
     8  voluntary, the court shall set such bail in such amount.
     9    § 4. Section 530.40 of the  criminal  procedure  law,  as  amended  by
    10  section 18 of part JJJ of chapter 59 of the laws of 2019 and subdivision
    11  4  as amended by section 4 of part UU of chapter 56 of the laws of 2020,
    12  is amended to read as follows:
    13  § 530.40 Order of recognizance, release under non-monetary conditions or
    14             bail; by superior court when action is pending therein.
    15    When a criminal action is pending in a  superior  court,  such  court,
    16  upon  application of a defendant, must or may order recognizance or bail
    17  as follows:
    18    1. When the defendant is charged with an offense or offenses  of  less
    19  than  felony  grade  only,  the court must, unless otherwise provided by
    20  law, order recognizance or  release  under  non-monetary  conditions  in
    21  accordance with this section.
    22    2.  When the defendant is charged with a felony, the court may, unless
    23  otherwise provided by law in its discretion, order recognizance, release
    24  under non-monetary conditions or, where authorized, bail.  In  any  such
    25  case  in  which  an indictment (a) has resulted from an order of a local
    26  criminal court holding the defendant for the action of the  grand  jury,
    27  or  (b)  was  filed  at a time when a felony complaint charging the same
    28  conduct was pending in a local criminal court, and in which  such  local
    29  criminal court or a superior court judge has issued an order of recogni-
    30  zance,  release under non-monetary conditions or, where authorized, bail
    31  which is still effective, the superior court's order may be in the  form
    32  of a direction continuing the effectiveness of the previous order.
    33    3. In cases other than as described in [subdivision] subdivisions four
    34  and  five  of this section the court shall release the principal pending
    35  trial on the principal's own recognizance, unless the court finds on the
    36  record or in writing that release on the  principal's  own  recognizance
    37  will  not  reasonably  assure  the  principal's return to court. In such
    38  instances, the court shall  release  the  principal  under  non-monetary
    39  conditions,  selecting  the least restrictive alternative and conditions
    40  that will reasonably assure the principal's return to court.  The  court
    41  shall  explain its choice of alternative and conditions on the record or
    42  in writing.
    43    4. Where the principal stands charged with a qualifying  offense,  the
    44  court, unless otherwise prohibited by law, may in its discretion release
    45  the principal pending trial on the principal's own recognizance or under
    46  non-monetary  conditions,  fix  bail, or, where the defendant is charged
    47  with a qualifying offense which is a felony, the court  may  commit  the
    48  principal  to  the  custody  of the sheriff. The court shall explain its
    49  choice of release, release with conditions, bail or remand on the record
    50  or in writing. A principal stands charged with a qualifying offense  for
    51  the purposes of this subdivision when he or she stands charged with:
    52    (a)  a felony enumerated in section 70.02 of the penal law, other than
    53  robbery in the second degree as defined in subdivision  one  of  section
    54  160.10  of the penal law, provided, however, that burglary in the second
    55  degree as defined in subdivision two of section 140.25 of the penal  law
        A. 375                              8

     1  shall  be  a qualifying offense only where the defendant is charged with
     2  entering the living area of the dwelling;
     3    (b) a crime involving witness intimidation under section 215.15 of the
     4  penal law;
     5    (c)  a  crime involving witness tampering under section 215.11, 215.12
     6  or 215.13 of the penal law;
     7    (d) a class A felony defined in the penal law, provided that for class
     8  A felonies under article two hundred twenty of such law, only class  A-I
     9  felonies shall be a qualifying offense;
    10    (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
    11  the  penal  law, or a felony sex offense defined in section 70.80 of the
    12  penal law or a crime involving incest  as  defined  in  section  255.25,
    13  255.26  or  255.27  of such law, or a misdemeanor defined in article one
    14  hundred thirty of such law;
    15    (f) conspiracy in the second degree as defined in  section  105.15  of
    16  the  penal  law,  where the underlying allegation of such charge is that
    17  the defendant conspired to commit a class A felony  defined  in  article
    18  one hundred twenty-five of the penal law;
    19    (g)  money  laundering  in support of terrorism in the first degree as
    20  defined in section 470.24 of the penal law; money laundering in  support
    21  of  terrorism  in  the second degree as defined in section 470.23 of the
    22  penal law; money laundering in support of terrorism in the third  degree
    23  as  defined  in  section  470.22  of  the penal law; money laundering in
    24  support of terrorism in the fourth degree as defined in  section  470.21
    25  of  the  penal law; or a felony crime of terrorism as defined in article
    26  four hundred ninety of the penal law, other than the  crime  defined  in
    27  section 490.20 of such law;
    28    (h)  [criminal contempt in the second degree as defined in subdivision
    29  three of section 215.50 of the penal law, criminal contempt in the first
    30  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    31  the  penal  law  or  aggravated  criminal contempt as defined in section
    32  215.52 of the penal law, and the underlying allegation of such charge of
    33  criminal contempt in the second degree, criminal contempt in  the  first
    34  degree  or aggravated criminal contempt is that the defendant violated a
    35  duly served order of protection where the protected party is a member of
    36  the defendant's same family or household as defined in  subdivision  one
    37  of section 530.11 of this article;
    38    (i)]  facilitating  a  sexual performance by a child with a controlled
    39  substance or alcohol as defined in section 263.30 of the penal law,  use
    40  of  a  child in a sexual performance as defined in section 263.05 of the
    41  penal law or luring a child as defined in  subdivision  one  of  section
    42  120.70  of  the  penal law, promoting an obscene sexual performance by a
    43  child as defined in section 263.10 of the penal law or promoting a sexu-
    44  al performance by a child as defined in section 263.15 of the penal law;
    45    [(j)] (i) any crime that is alleged to have caused the death of anoth-
    46  er person;
    47    [(k)] (j) criminal obstruction of breathing or  blood  circulation  as
    48  defined  in section 121.11 of the penal law, strangulation in the second
    49  degree as defined in section 121.12 of the penal law or unlawful  impri-
    50  sonment  in  the  first degree as defined in section 135.10 of the penal
    51  law, and is alleged to have committed the offense against  a  member  of
    52  the  defendant's  same family or household as defined in subdivision one
    53  of section 530.11 of this article;
    54    [(l)] (k) aggravated vehicular assault as defined in section  120.04-a
    55  of  the penal law or vehicular assault in the first degree as defined in
    56  section 120.04 of the penal law;
        A. 375                              9

     1    [(m)] (l) assault in the third degree as defined in section 120.00  of
     2  the  penal law or arson in the third degree as defined in section 150.10
     3  of the penal law, when such crime is charged as a hate crime as  defined
     4  in section 485.05 of the penal law;
     5    [(n)]  (m) aggravated assault upon a person less than eleven years old
     6  as defined in section 120.12 of the penal law or criminal possession  of
     7  a  weapon  on school grounds as defined in section 265.01-a of the penal
     8  law;
     9    [(o)] (n) grand larceny in the first  degree  as  defined  in  section
    10  155.42  of  the  penal  law, enterprise corruption as defined in section
    11  460.20 of the penal law, or money laundering  in  the  first  degree  as
    12  defined in section 470.20 of the penal law;
    13    [(p)]  (o)  failure  to register as a sex offender pursuant to section
    14  one hundred sixty-eight-t of  the  correction  law  or  endangering  the
    15  welfare  of  a  child as defined in subdivision one of section 260.10 of
    16  the penal law, where the defendant is required to maintain  registration
    17  under  article  six-C of the correction law and designated a level three
    18  offender  pursuant  to  subdivision   six   of   section   one   hundred
    19  sixty-eight-l of the correction law;
    20    [(q)]  (p) a crime involving bail jumping under section 215.55, 215.56
    21  or 215.57 of the penal law, or a crime involving escaping  from  custody
    22  under section 205.05, 205.10 or 205.15 of the penal law;
    23    [(r)]  (q) any felony offense committed by the principal while serving
    24  a sentence of probation or while released to post release supervision;
    25    [(s)] (r) a felony, where the defendant qualifies  for  sentencing  on
    26  such charge as a persistent felony offender pursuant to section 70.10 of
    27  the penal law; or
    28    [(t)] (s) any felony or class A misdemeanor involving harm to an iden-
    29  tifiable person or property, where such charge arose from conduct occur-
    30  ring  while the defendant was released on his or her own recognizance or
    31  released under conditions for a separate felony or class  A  misdemeanor
    32  involving harm to an identifiable person or property, provided, however,
    33  that  the  prosecutor  must  show  reasonable  cause to believe that the
    34  defendant committed the instant crime and any underlying crime. For  the
    35  purposes  of this subparagraph, any of the underlying crimes need not be
    36  a qualifying offense as defined in this subdivision.
    37    5. Where the principal stands charged with a crime or crimes against a
    38  member or members of the same  family  or  household  as  that  term  is
    39  defined in subdivision one of section 530.11 of this article, the court,
    40  unless  otherwise  prohibited  by law, may in its discretion release the
    41  principal pending trial on the principal's  own  recognizance  or  under
    42  non-monetary conditions, fix bail, or commit the principal to the custo-
    43  dy of the sheriff.
    44    6.  Notwithstanding  the  provisions of subdivisions three [and] four,
    45  and five of this section, with respect to any charge for which  bail  or
    46  remand  is  not  ordered, and for which the court would not or could not
    47  otherwise require bail or remand, a defendant may, at any time,  request
    48  that  the  court set bail in a nominal amount requested by the defendant
    49  in the form specified in paragraph (a) of  subdivision  one  of  section
    50  520.10  of  this  title;  if  the court is satisfied that the request is
    51  voluntary, the court shall set such bail in such amount.
    52    [6.] 7. Notwithstanding the  provisions  of  subdivisions  two,  three
    53  [and]  four,  and  five  of this section, a superior court may not order
    54  recognizance, release under non-monetary conditions  or,  where  author-
    55  ized,  bail,  or  permit a defendant to remain at liberty pursuant to an
    56  existing order, after the defendant has been convicted of either: (a)  a
        A. 375                             10

     1  class  A felony or (b) any class B or class C felony as defined in arti-
     2  cle one hundred thirty of the penal law committed  or  attempted  to  be
     3  committed  by  a  person eighteen years of age or older against a person
     4  less than eighteen years of age. In either case the court must commit or
     5  remand the defendant to the custody of the sheriff.
     6    [7.]  8.  Notwithstanding  the  provisions  of subdivisions two, three
     7  [and] four, and five of this section, a superior  court  may  not  order
     8  recognizance,  release  under  non-monetary conditions or, where author-
     9  ized, bail when the defendant is charged with a felony unless and  until
    10  the  district  attorney has had an opportunity to be heard in the matter
    11  and such court and counsel for the defendant have been furnished with  a
    12  report as described in subparagraph (ii) of paragraph (b) of subdivision
    13  two of section 530.20 of this article.
    14    § 5. This act shall take effect immediately.