Bill Text: NY A04197 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes courts to order remand or bail in certain prostitution and labor trafficking cases.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-03 - referred to codes [A04197 Detail]
Download: New_York-2023-A04197-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4197 2023-2024 Regular Sessions IN ASSEMBLY February 13, 2023 ___________ Introduced by M. of A. PAULIN, BRABENEC -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the applica- tion of bail in certain prostitution cases and labor trafficking cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (t) as amended and paragraph 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the 4 laws of 2022, are amended and two new paragraphs (v) and (w) are added 5 to read as follows: 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law, where such 9 charge arose from conduct occurring while the defendant was released on 10 his or her own recognizance, released under conditions, or had yet to be 11 arraigned after the issuance of a desk appearance ticket for a separate 12 felony or class A misdemeanor involving harm to an identifiable person 13 or property, or any charge of criminal possession of a firearm as 14 defined in section 265.01-b of the penal law, provided, however, that 15 the prosecutor must show reasonable cause to believe that the defendant 16 committed the instant crime and any underlying crime. For the purposes 17 of this subparagraph, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this 19 paragraph, "harm to an identifiable person or property" shall include 20 but not be limited to theft of or damage to property. However, based 21 upon a review of the facts alleged in the accusatory instrument, if the 22 court determines that such theft is negligible and does not appear to be 23 in furtherance of other criminal activity, the principal shall be 24 released on his or her own recognizance or under appropriate non-mone- 25 tary conditions; [or] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02086-01-3A. 4197 2 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law[.]; 4 (v) a crime involving promoting prostitution under section 230.25, 5 230.30 or 230.32 of the penal law or compelling prostitution as defined 6 in section 230.33 of the penal law; or 7 (w) labor trafficking as defined in section 135.35 of the penal law or 8 aggravated labor trafficking as defined in section 135.37 of the penal 9 law. 10 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 11 section 530.20 of the criminal procedure law, subparagraph (xx) as 12 amended and subparagraph (xxi) as added by section 4 of subpart C of 13 part UU of chapter 56 of the laws of 2022, are amended and two new 14 subparagraphs (xxii) and (xxiii) are added to read as follows: 15 (xx) any felony or class A misdemeanor involving harm to an identifi- 16 able person or property, or any charge of criminal possession of a 17 firearm as defined in section 265.01-b of the penal law where such 18 charge arose from conduct occurring while the defendant was released on 19 his or her own recognizance, released under conditions, or had yet to be 20 arraigned after the issuance of a desk appearance ticket for a separate 21 felony or class A misdemeanor involving harm to an identifiable person 22 or property, provided, however, that the prosecutor must show reasonable 23 cause to believe that the defendant committed the instant crime and any 24 underlying crime. For the purposes of this subparagraph, any of the 25 underlying crimes need not be a qualifying offense as defined in this 26 subdivision. For the purposes of this paragraph, "harm to an identifi- 27 able person or property" shall include but not be limited to theft of or 28 damage to property. However, based upon a review of the facts alleged in 29 the accusatory instrument, if the court determines that such theft is 30 negligible and does not appear to be in furtherance of other criminal 31 activity, the principal shall be released on his or her own recognizance 32 or under appropriate non-monetary conditions; [or] 33 (xxi) criminal possession of a weapon in the third degree as defined 34 in subdivision three of section 265.02 of the penal law or criminal sale 35 of a firearm to a minor as defined in section 265.16 of the penal 36 law[.]; 37 (xxii) a crime involving promoting prostitution under section 230.25, 38 230.30 or 230.32 of the penal law or compelling prostitution as defined 39 in section 230.33 of the penal law; or 40 (xxiii) labor trafficking as defined in section 135.35 of the penal 41 law or aggravated labor trafficking as defined in section 135.37 of the 42 penal law. 43 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 44 criminal procedure law, paragraph (t) as amended and paragraph (u) as 45 added by section 4 of subpart B of part UU of chapter 56 of the laws of 46 2022, are amended and two new paragraphs (v) and (w) are added to read 47 as follows: 48 (t) any felony or class A misdemeanor involving harm to an identifi- 49 able person or property, or any charge of criminal possession of a 50 firearm as defined in section 265.01-b of the penal law, where such 51 charge arose from conduct occurring while the defendant was released on 52 his or her own recognizance, released under conditions, or had yet to be 53 arraigned after the issuance of a desk appearance ticket for a separate 54 felony or class A misdemeanor involving harm to an identifiable person 55 or property, or any charge of criminal possession of a firearm as 56 defined in section 265.01-b of the penal law, provided, however, thatA. 4197 3 1 the prosecutor must show reasonable cause to believe that the defendant 2 committed the instant crime and any underlying crime. For the purposes 3 of this subparagraph, any of the underlying crimes need not be a quali- 4 fying offense as defined in this subdivision. For the purposes of this 5 paragraph, "harm to an identifiable person or property" shall include 6 but not be limited to theft of or damage to property. However, based 7 upon a review of the facts alleged in the accusatory instrument, if the 8 court determines that such theft is negligible and does not appear to be 9 in furtherance of other criminal activity, the principal shall be 10 released on his or her own recognizance or under appropriate non-mone- 11 tary conditions; [or] 12 (u) criminal possession of a weapon in the third degree as defined in 13 subdivision three of section 265.02 of the penal law or criminal sale of 14 a firearm to a minor as defined in section 265.16 of the penal law[.]; 15 (v) a crime involving promoting prostitution under section 230.25, 16 230.30 or 230.32 of the penal law or compelling prostitution as defined 17 in section 230.33 of the penal law; or 18 (w) labor trafficking as defined in section 135.35 of the penal law or 19 aggravated labor trafficking as defined in section 135.37 of the penal 20 law. 21 § 4. This act shall take effect on the sixtieth day after it shall 22 have become a law.