Bill Text: NY A02603 | 2021-2022 | General Assembly | Introduced

---

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: Moderate Partisan Bill (Democrat 18-2)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02603 Detail]

Download: New_York-2021-A02603-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2603

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 19, 2021
                                       ___________

        Introduced  by  M.  of  A.  EICHENSTEIN,  ABBATE, BRABENEC, BUTTENSCHON,
          CYMBROWITZ, FAHY, THIELE, WOERNER, PAULIN,  ROZIC  --  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.
                                                                   LBD06843-01-1