Bill Text: NY A04246 | 2023-2024 | General Assembly | Introduced
Bill Title: Expands qualifying offenses eligible for pretrial detention and bail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to codes [A04246 Detail]
Download: New_York-2023-A04246-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4246 2023-2024 Regular Sessions IN ASSEMBLY February 13, 2023 ___________ Introduced by M. of A. STERN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to qualifying offenses for pre-trial detention and bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 510.10 of the criminal procedure 2 law, as amended by section 2 of part UU of chapter 56 of the laws of 3 2020, paragraphs (s) and (t) as amended and paragraph (u) as added by 4 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, is 5 amended to read as follows: 6 4. Where the principal stands charged with a qualifying offense, the 7 court, unless otherwise prohibited by law, may in its discretion release 8 the principal pending trial on the principal's own recognizance or under 9 non-monetary conditions, fix bail, or, where the defendant is charged 10 with a qualifying offense which is a felony, the court may commit the 11 principal to the custody of the sheriff. A principal stands charged with 12 a qualifying offense for the purposes of this subdivision when he or she 13 stands charged with: 14 (a) a felony enumerated in section 70.02 of the penal law[, other than15robbery in the second degree as defined in subdivision one of section16160.10 of the penal law, provided, however, that burglary in the second17degree as defined in subdivision two of section 140.25 of the penal law18shall be a qualifying offense only where the defendant is charged with19entering the living area of the dwelling]; 20 (b) a crime involving witness intimidation under section 215.15 of the 21 penal law; 22 (c) a crime involving witness tampering under section 215.11, 215.12 23 or 215.13 of the penal law; 24 (d) a class A felony defined in the penal law, provided that for class 25 A felonies under article two hundred twenty of the penal law, only EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02594-01-3A. 4246 2 1 [class A-I felonies] offenses defined in sections 220.18, 220.21, 2 220.41, 220.43, 220.44 and 220.77 of such law shall be [a] qualifying 3 [offense] offenses; 4 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 5 the penal law, or a felony sex offense defined in section 70.80 of the 6 penal law, [or a crime involving] incest in the third degree as defined 7 in section 255.25[, 255.26 or 255.27] of such law, [or] a misdemeanor 8 defined in article one hundred thirty of such law, promoting prostitu- 9 tion in the first degree as defined in section 230.32 of the penal law, 10 or compelling prostitution as defined in section 230.33 of the penal 11 law; 12 (f) conspiracy in the second degree as defined in section 105.15 of 13 the penal law, where the underlying allegation of such charge is that 14 the defendant conspired to commit a class A felony defined in article 15 one hundred twenty-five of the penal law, criminal solicitation in the 16 first degree as defined in section 100.13 of the penal law or criminal 17 facilitation in the first degree as defined in section 115.08 of the 18 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 title; 38 (i) prostitution in a school zone as defined in section 230.03 of the 39 penal law, promoting prostitution in a school zone as defined in section 40 230.19 of the penal law, facilitating a sexual performance by a child 41 with a controlled substance or alcohol as defined in section 263.30 of 42 the penal law, use of a child in a sexual performance as defined in 43 section 263.05 of the penal law [or], patronizing a person for prostitu- 44 tion in a school zone as defined in section 230.08 of the penal law, 45 luring a child as defined in subdivision one of section 120.70 of the 46 penal law, promoting an obscene sexual performance by a child as defined 47 in section 263.10 of the penal law [or], promoting a sexual performance 48 by a child as defined in section 263.15 of the penal law, possessing an 49 obscene sexual performance by a child as defined in section 263.11 of 50 the penal law, or possessing a sexual performance by a child as defined 51 in section 263.16 of the penal law; 52 (j) any crime that is alleged to have caused the death of or serious 53 physical injury to another person; 54 (k) criminal obstruction of breathing or blood circulation as defined 55 in section 121.11 of the penal law, strangulation in the second degree 56 as defined in section 121.12 of the penal law or unlawful imprisonmentA. 4246 3 1 in the first degree as defined in section 135.10 of the penal law, and 2 is alleged to have committed the offense against a member of the defend- 3 ant's same family or household as defined in subdivision one of section 4 530.11 of this title; 5 (l) aggravated vehicular assault as defined in section 120.04-a of the 6 penal law or vehicular assault in the first degree as defined in section 7 120.04 of the penal law; 8 (m) assault in the third degree as defined in section 120.00 of the 9 penal law or arson in the third degree as defined in section 150.10 of 10 the penal law[, when such crime is charged as a hate crime as defined in11section 485.05 of the penal law]; 12 (n) aggravated assault upon a person less than eleven years old as 13 defined in section 120.12 of the penal law or criminal possession of a 14 weapon on school grounds as defined in section 265.01-a of the penal 15 law; 16 (o) grand larceny in the first degree as defined in section 155.42 of 17 the penal law, enterprise corruption as defined in section 460.20 of the 18 penal law, or money laundering in the first degree as defined in section 19 470.20 of the penal law; 20 (p) failure to register as a sex offender pursuant to section one 21 hundred sixty-eight-t of the correction law or endangering the welfare 22 of a child as defined in subdivision one of section 260.10 of the penal 23 law, where the defendant is required to maintain registration under 24 article six-C of the correction law and designated a level three offen- 25 der pursuant to subdivision six of section one hundred sixty-eight-l of 26 the correction law; 27 (q) a crime involving bail jumping under section 215.55, 215.56 or 28 215.57 of the penal law, or a crime involving escaping from custody 29 under section 205.05, 205.10 or 205.15 of the penal law; 30 (r) any felony offense committed by the principal while serving a 31 sentence of probation or while released to post release supervision; 32 (s) a felony, where the defendant qualifies for sentencing on such 33 charge as a persistent felony offender pursuant to section 70.10 of the 34 penal law; 35 (t) any felony or class A misdemeanor involving harm to an identifi- 36 able person or property, or any charge of criminal possession of a 37 firearm as defined in section 265.01-b of the penal law, where such 38 charge arose from conduct occurring while the defendant was released on 39 his or her own recognizance, released under conditions, or had yet to be 40 arraigned after the issuance of a desk appearance ticket for a separate 41 felony or class A misdemeanor involving harm to an identifiable person 42 or property, or any charge of criminal possession of a firearm as 43 defined in section 265.01-b of the penal law, provided, however, that 44 the prosecutor must show reasonable cause to believe that the defendant 45 committed the instant crime and any underlying crime. For the purposes 46 of this subparagraph, any of the underlying crimes need not be a quali- 47 fying offense as defined in this subdivision. For the purposes of this 48 paragraph, "harm to an identifiable person or property" shall include 49 but not be limited to theft of or damage to property. However, based 50 upon a review of the facts alleged in the accusatory instrument, if the 51 court determines that such theft is negligible and does not appear to be 52 in furtherance of other criminal activity, the principal shall be 53 released on his or her own recognizance or under appropriate non-mone- 54 tary conditions; [or]A. 4246 4 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) obstructing governmental administration in the second degree as 5 defined in section 195.05 of the penal law, killing or injuring a police 6 animal as defined in section 195.06 of the penal law, killing a police 7 work dog or police work horse as defined in section 195.06-a of the 8 penal law, obstructing governmental administration in the first degree 9 as defined in section 195.07, obstructing governmental administration by 10 means of a self-defense spray device as defined in section 195.08, 11 bribery in the first degree as defined in section 200.04 of the penal 12 law, bribe receiving in the first degree as defined in section 200.12 of 13 the penal law, bribe giving for public office as defined in section 14 200.45 of the penal law, promoting prison contraband in the second 15 degree as defined in section 205.20 of the penal law, promoting prison 16 contraband in the first degree as defined in section 205.25 of the penal 17 law, resisting arrest as defined in section 205.30 of the penal law, 18 hindering prosecution in the first degree as defined in section 205.65 19 of the penal law, tampering with a juror in the first degree as defined 20 in section 215.25 of the penal law or tampering with physical evidence 21 as defined in section 215.40 of the penal law; 22 (w) public sensibilities and the right to privacy including aggravated 23 harassment in the first degree as defined in section 240.31 of the penal 24 law or directing a laser at an aircraft in the first degree as defined 25 in section 240.77 of the penal law; 26 (x) criminal possession of a weapon in the fourth degree as defined in 27 section 265.01 of the penal law, criminal sale of a firearm to a minor 28 as defined in section 265.16 of the penal law, criminal purchase or 29 disposal of a weapon as defined in section 265.17 of the penal law, or 30 aggravated criminal possession of a weapon as defined in section 265.19 31 of the penal law; 32 (y) aggravated cruelty to animals as defined in section three hundred 33 fifty-three-a of the agriculture and markets law, overdriving, torturing 34 and injuring animals; failure to provide proper sustenance as defined in 35 section three hundred fifty-three of the agriculture and markets law, or 36 animal fighting as defined in section three hundred fifty-one of the 37 agriculture and markets law; 38 (z) a hate crime as defined in section 485.05 of the penal law; 39 (a-1) any of the following offenses where the defendant is required to 40 maintain registration under article six-C of the correction law and 41 designated a level two or level three offender pursuant to subdivision 42 six of section one hundred sixty-eight-l of the correction law: endan- 43 gering the welfare of a child as defined in section 260.10 of the penal 44 law; public lewdness as defined in section 245.00 of the penal law; 45 exposure of a person as defined in section 245.01 of the penal law; 46 public lewdness in the first degree as defined in section 245.03 of the 47 penal law; 48 (b-1) reckless assault of a child by a child day care provider as 49 defined in section 120.01 of the penal law, stalking in the fourth 50 degree as defined in section 120.45 of the penal law, stalking in the 51 third degree as defined in section 120.50 of the penal law, stalking in 52 the second degree as defined in section 120.55 of the penal law, crimi- 53 nally negligent homicide as defined in section 125.10 of the penal law, 54 vehicular manslaughter in the second degree as defined in section 125.12 55 of the penal law, vehicular manslaughter in the first degree as defined 56 in section 125.13 of the penal law, aggravated vehicular homicide asA. 4246 5 1 defined in section 125.14 of the penal law, manslaughter in the second 2 degree as defined in section 125.15 of the penal law, coercion in the 3 first degree as defined in section 135.65 of the penal law, burglary in 4 the third degree as defined in section 140.20 of the penal law, arson in 5 the fourth degree as defined in section 150.05 of the penal law, robbery 6 in the third degree as defined in section 160.05 of the penal law, or 7 criminal possession of a firearm as defined in section 265.01-b of the 8 penal law; 9 (c-1) an aggravated family offense as defined in section 240.75 of the 10 penal law; 11 (d-1) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, where such charge arose from conduct occurring 13 while the defendant was engaging in a riot as defined in article two 14 hundred forty of the penal law; 15 (e-1) use of a child to commit a controlled substance offense as 16 defined in section 220.28 of the penal law and criminal sale of a 17 controlled substance to a child as defined in section 220.48 of the 18 penal law; or 19 (f-1) any crime in violation of article two hundred sixty-five of the 20 penal law involving the use of a machine-gun, firearm silencer, firearm, 21 rifle, shotgun, disguised gun or assault weapon, as such terms are 22 defined in section 265.00 of the penal law. 23 § 2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 24 procedure law, as amended by section 3 of part UU of chapter 56 of the 25 laws of 2020, subparagraphs (xix) and (xx) as amended and subparagraph 26 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the 27 laws of 2022, is amended to read as follows: 28 (b) Where the principal stands charged with a qualifying offense, the 29 court, unless otherwise prohibited by law, may in its discretion release 30 the principal pending trial on the principal's own recognizance or under 31 non-monetary conditions, fix bail, or, where the defendant is charged 32 with a qualifying offense which is a felony, the court may commit the 33 principal to the custody of the sheriff. The court shall explain its 34 choice of release, release with conditions, bail or remand on the record 35 or in writing. A principal stands charged with a qualifying offense when 36 he or she stands charged with: 37 (i) a felony enumerated in section 70.02 of the penal law[, other than38robbery in the second degree as defined in subdivision one of section39160.10 of the penal law, provided, however, that burglary in the second40degree as defined in subdivision two of section 140.25 of the penal law41shall be a qualifying offense only where the defendant is charged with42entering the living area of the dwelling]; 43 (ii) a crime involving witness intimidation under section 215.15 of 44 the penal law; 45 (iii) a crime involving witness tampering under section 215.11, 215.12 46 or 215.13 of the penal law; 47 (iv) a class A felony defined in the penal law, provided, that for 48 class A felonies under article two hundred twenty of such law, only 49 [class A-I felonies] offenses defined in sections 220.18, 220.21, 50 220.41, 220.43, 220.44 and 220.77 of such law shall be [a] qualifying 51 [offense] offenses; 52 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of 53 the penal law, or a felony sex offense defined in section 70.80 of the 54 penal law [or a crime involving], incest in the third degree as defined 55 in section 255.25[, 255.26 or 255.27] of such law, or a misdemeanor 56 defined in article one hundred thirty of such law; or promoting prosti-A. 4246 6 1 tution in the first degree as defined in section 230.32 of the penal 2 law, compelling prostitution as defined in section 230.33 of the penal 3 law; 4 (vi) conspiracy in the second degree as defined in section 105.15 of 5 the penal law, where the underlying allegation of such charge is that 6 the defendant conspired to commit a class A felony defined in article 7 one hundred twenty-five of the penal law, criminal solicitation in the 8 first degree as defined in section 100.13 of the penal law or criminal 9 facilitation in the first degree as defined in section 115.08 of the 10 penal law; 11 (vii) money laundering in support of terrorism in the first degree as 12 defined in section 470.24 of the penal law; money laundering in support 13 of terrorism in the second degree as defined in section 470.23 of the 14 penal law; money laundering in support of terrorism in the third degree 15 as defined in section 470.22 of the penal law; money laundering in 16 support of terrorism in the fourth degree as defined in section 470.21 17 of the penal law; or a felony crime of terrorism as defined in article 18 four hundred ninety of the penal law, other than the crime defined in 19 section 490.20 of such law; 20 (viii) criminal contempt in the second degree as defined in subdivi- 21 sion three of section 215.50 of the penal law, criminal contempt in the 22 first degree as defined in subdivision (b), (c) or (d) of section 215.51 23 of the penal law or aggravated criminal contempt as defined in section 24 215.52 of the penal law, and the underlying allegation of such charge of 25 criminal contempt in the second degree, criminal contempt in the first 26 degree or aggravated criminal contempt is that the defendant violated a 27 duly served order of protection where the protected party is a member of 28 the defendant's same family or household as defined in subdivision one 29 of section 530.11 of this article; 30 (ix) prostitution in a school zone as defined in section 230.03 of the 31 penal law, promoting prostitution in a school zone as defined in section 32 230.19 of the penal law, facilitating a sexual performance by a child 33 with a controlled substance or alcohol as defined in section 263.30 of 34 the penal law, use of a child in a sexual performance as defined in 35 section 263.05 of the penal law [or], patronizing a person for prostitu- 36 tion in a school zone as defined in section 230.08 of the penal law, 37 luring a child as defined in subdivision one of section 120.70 of the 38 penal law, promoting an obscene sexual performance by a child as defined 39 in section 263.10 of the penal law [or], promoting a sexual performance 40 by a child as defined in section 263.15 of the penal law, possessing an 41 obscene sexual performance by a child as defined in section 263.11 of 42 the penal law, or possessing a sexual performance by a child as defined 43 in section 263.16 of the penal law; 44 (x) any crime that is alleged to have caused the death of or serious 45 physical injury to another person; 46 (xi) criminal obstruction of breathing or blood circulation as defined 47 in section 121.11 of the penal law, strangulation in the second degree 48 as defined in section 121.12 of the penal law or unlawful imprisonment 49 in the first degree as defined in section 135.10 of the penal law, and 50 is alleged to have committed the offense against a member of the defend- 51 ant's same family or household as defined in subdivision one of section 52 530.11 of this article; 53 (xii) aggravated vehicular assault as defined in section 120.04-a of 54 the penal law or vehicular assault in the first degree as defined in 55 section 120.04 of the penal law;A. 4246 7 1 (xiii) assault in the third degree as defined in section 120.00 of the 2 penal law or arson in the third degree as defined in section 150.10 of 3 the penal law[, when such crime is charged as a hate crime as defined in4section 485.05 of the penal law]; 5 (xiv) aggravated assault upon a person less than eleven years old as 6 defined in section 120.12 of the penal law or criminal possession of a 7 weapon on school grounds as defined in section 265.01-a of the penal 8 law; 9 (xv) grand larceny in the first degree as defined in section 155.42 of 10 the penal law, enterprise corruption as defined in section 460.20 of the 11 penal law, or money laundering in the first degree as defined in section 12 470.20 of the penal law; 13 (xvi) failure to register as a sex offender pursuant to section one 14 hundred sixty-eight-t of the correction law or endangering the welfare 15 of a child as defined in subdivision one of section 260.10 of the penal 16 law, where the defendant is required to maintain registration under 17 article six-C of the correction law and designated a level three offen- 18 der pursuant to subdivision six of section one hundred sixty-eight-l of 19 the correction law; 20 (xvii) a crime involving bail jumping under section 215.55, 215.56 or 21 215.57 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 (xviii) any felony offense committed by the principal while serving a 24 sentence of probation or while released to post release supervision; 25 (xix) a felony, where the defendant qualifies for sentencing on such 26 charge as a persistent felony offender pursuant to section 70.10 of the 27 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[.]; 50 (xxii) obstructing governmental administration in the second degree as 51 defined in section 195.05 of the penal law, killing or injuring a police 52 animal as defined in section 195.06 of the penal law, killing a police 53 work dog or police work horse as defined in section 195.06-a of the 54 penal law, obstructing governmental administration in the first degree 55 as defined in section 195.07, obstructing governmental administration by 56 means of a self-defense spray device as defined in section 195.08,A. 4246 8 1 bribery in the first degree as defined in section 200.04 of the penal 2 law, bribe receiving in the first degree as defined in section 200.12 of 3 the penal law, bribe giving for public office as defined in section 4 200.45 of the penal law, promoting prison contraband in the second 5 degree as defined in section 205.20 of the penal law, promoting prison 6 contraband in the first degree as defined in section 205.25 of the penal 7 law, resisting arrest as defined in section 205.30 of the penal law, 8 hindering prosecution in the first degree as defined in section 205.65 9 of the penal law, tampering with a juror in the first degree as defined 10 in section 215.25 of the penal law or tampering with physical evidence 11 as defined in section 215.40 of the penal law; 12 (xxiii) public sensibilities and the right to privacy including aggra- 13 vated harassment in the first degree as defined in section 240.31 of the 14 penal law or directing a laser at an aircraft in the first degree as 15 defined in section 240.77 of the penal law; 16 (xxiv) criminal possession of a weapon in the fourth degree as defined 17 in section 265.01 of the penal law, criminal sale of a firearm to a 18 minor as defined in section 265.16 of the penal law, criminal purchase 19 or disposal of a weapon as defined in section 265.17 of the penal law, 20 or aggravated criminal possession of a weapon as defined in section 21 265.19 of the penal law; 22 (xxv) aggravated cruelty to animals as defined in section three 23 hundred fifty-three-a of the agriculture and markets law, overdriving, 24 torturing and injuring animals; failure to provide proper sustenance as 25 defined in section three hundred fifty-three of the agriculture and 26 markets law, or animal fighting as defined in section three hundred 27 fifty-one of the agriculture and markets law; 28 (xxvi) a hate crime as defined in section 485.05 of the penal law; 29 (xxvii) any of the following offenses where the defendant is required 30 to maintain registration under article six-C of the correction law and 31 designated a level two or level three offender pursuant to subdivision 32 six of section one hundred sixty-eight-l of the correction law: endan- 33 gering the welfare of a child as defined in section 260.10 of the penal 34 law; public lewdness as defined in section 245.00 of the penal law; 35 exposure of a person as defined in section 245.01 of the penal law; 36 public lewdness in the first degree as defined in section 245.03 of the 37 penal law; 38 (xxviii) reckless assault of a child by a child day care provider as 39 defined in section 120.01 of the penal law, stalking in the fourth 40 degree as defined in section 120.45 of the penal law, stalking in the 41 third degree as defined in section 120.50 of the penal law, stalking in 42 the second degree as defined in section 120.55 of the penal law, crimi- 43 nally negligent homicide as defined in section 125.10 of the penal law, 44 vehicular manslaughter in the second degree as defined in section 125.12 45 of the penal law, vehicular manslaughter in the first degree as defined 46 in section 125.13 of the penal law, aggravated vehicular homicide as 47 defined in section 125.14 of the penal law, manslaughter in the second 48 degree as defined in section 125.15 of the penal law, coercion in the 49 first degree as defined in section 135.65 of the penal law, burglary in 50 the third degree as defined in section 140.20 of the penal law, arson in 51 the fourth degree as defined in section 150.05 of the penal law, robbery 52 in the third degree as defined in section 160.05 of the penal law, or 53 criminal possession of a firearm as defined in section 265.01-b of the 54 penal law; 55 (xxix) an aggravated family offense as defined in section 240.75 of 56 the penal law;A. 4246 9 1 (xxx) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, where such charge arose from conduct occurring 3 while the defendant was engaging in a riot as defined in article two 4 hundred forty of the penal law; 5 (xxxi) use of a child to commit a controlled substance offense as 6 defined in section 220.28 of the penal law and criminal sale of a 7 controlled substance to a child as defined in section 220.48 of the 8 penal law; or 9 (xxxii) any crime in violation of article two hundred sixty-five of 10 the penal law involving the use of a machine-gun, firearm silencer, 11 firearm, rifle, shotgun, disguised gun or assault weapon, as such terms 12 are defined in section 265.00 of the penal law. 13 § 3. Subdivision 4 of section 530.40 of the criminal procedure law, as 14 added by section 4 of part UU of chapter 56 of the laws of 2020, para- 15 graphs (s) and (t) as amended and paragraph (u) as added by section 4 of 16 subpart B of part UU of chapter 56 of the laws of 2022, is amended to 17 read as follows: 18 4. Where the principal stands charged with a qualifying offense, the 19 court, unless otherwise prohibited by law, may in its discretion release 20 the principal pending trial on the principal's own recognizance or under 21 non-monetary conditions, fix bail, or, where the defendant is charged 22 with a qualifying offense which is a felony, the court may commit the 23 principal to the custody of the sheriff. The court shall explain its 24 choice of release, release with conditions, bail or remand on the record 25 or in writing. A principal stands charged with a qualifying offense for 26 the purposes of this subdivision when he or she stands charged with: 27 (a) a felony enumerated in section 70.02 of the penal law[, other than28robbery in the second degree as defined in subdivision one of section29160.10 of the penal law, provided, however, that burglary in the second30degree as defined in subdivision two of section 140.25 of the penal law31shall be a qualifying offense only where the defendant is charged with32entering the living area of the dwelling]; 33 (b) a crime involving witness intimidation under section 215.15 of the 34 penal law; 35 (c) a crime involving witness tampering under section 215.11, 215.12 36 or 215.13 of the penal law; 37 (d) a class A felony defined in the penal law, provided that for class 38 A felonies under article two hundred twenty of such law, only [class A-I39felonies] offenses defined in sections 220.18, 220.21, 220.41, 220.43, 40 220.44 and 220.77 of such law shall be [a] qualifying [offense] 41 offenses; 42 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 43 the penal law, or a felony sex offense defined in section 70.80 of the 44 penal law [or a crime involving], incest in the third degree as defined 45 in section 255.25[, 255.26 or 255.27] of such law, [or] a misdemeanor 46 defined in article one hundred thirty of such law; or promoting prosti- 47 tution in the first degree as defined in section 230.32 of the penal 48 law, or compelling prostitution as defined in section 230.33 of the 49 penal law; 50 (f) conspiracy in the second degree as defined in section 105.15 of 51 the penal law, where the underlying allegation of such charge is that 52 the defendant conspired to commit a class A felony defined in article 53 one hundred twenty-five of the penal law, criminal solicitation in the 54 first degree as defined in section 100.13 of the penal law or criminal 55 facilitation in the first degree as defined in section 115.08 of the 56 penal law;A. 4246 10 1 (g) money laundering in support of terrorism in the first degree as 2 defined in section 470.24 of the penal law; money laundering in support 3 of terrorism in the second degree as defined in section 470.23 of the 4 penal law; money laundering in support of terrorism in the third degree 5 as defined in section 470.22 of the penal law; money laundering in 6 support of terrorism in the fourth degree as defined in section 470.21 7 of the penal law; or a felony crime of terrorism as defined in article 8 four hundred ninety of the penal law, other than the crime defined in 9 section 490.20 of such law; 10 (h) criminal contempt in the second degree as defined in subdivision 11 three of section 215.50 of the penal law, criminal contempt in the first 12 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 13 the penal law or aggravated criminal contempt as defined in section 14 215.52 of the penal law, and the underlying allegation of such charge of 15 criminal contempt in the second degree, criminal contempt in the first 16 degree or aggravated criminal contempt is that the defendant violated a 17 duly served order of protection where the protected party is a member of 18 the defendant's same family or household as defined in subdivision one 19 of section 530.11 of this article; 20 (i) prostitution in a school zone as defined in section 230.03 of the 21 penal law, promoting prostitution in a school zone as defined in section 22 230.19 of the penal law, facilitating a sexual performance by a child 23 with a controlled substance or alcohol as defined in section 263.30 of 24 the penal law, use of a child in a sexual performance as defined in 25 section 263.05 of the penal law [or], patronizing a person for prostitu- 26 tion in a school zone as defined in section 230.08 of the penal law, 27 luring a child as defined in subdivision one of section 120.70 of the 28 penal law, promoting an obscene sexual performance by a child as defined 29 in section 263.10 of the penal law or promoting a sexual performance by 30 a child as defined in section 263.15 of the penal law, possessing an 31 obscene sexual performance by a child as defined in section 263.11 of 32 the penal law, or possessing a sexual performance by a child as defined 33 in section 263.16 of the penal law; 34 (j) any crime that is alleged to have caused the death or physical 35 injury of another person; 36 (k) criminal obstruction of breathing or blood circulation as defined 37 in section 121.11 of the penal law, strangulation in the second degree 38 as defined in section 121.12 of the penal law or unlawful imprisonment 39 in the first degree as defined in section 135.10 of the penal law, and 40 is alleged to have committed the offense against a member of the defend- 41 ant's same family or household as defined in subdivision one of section 42 530.11 of this article; 43 (l) aggravated vehicular assault as defined in section 120.04-a of the 44 penal law or vehicular assault in the first degree as defined in section 45 120.04 of the penal law; 46 (m) assault in the third degree as defined in section 120.00 of the 47 penal law or arson in the third degree as defined in section 150.10 of 48 the penal law[, when such crime is charged as a hate crime as defined in49section 485.05 of the penal law]; 50 (n) aggravated assault upon a person less than eleven years old as 51 defined in section 120.12 of the penal law or criminal possession of a 52 weapon on school grounds as defined in section 265.01-a of the penal 53 law; 54 (o) grand larceny in the first degree as defined in section 155.42 of 55 the penal law, enterprise corruption as defined in section 460.20 of theA. 4246 11 1 penal law, or money laundering in the first degree as defined in section 2 470.20 of the penal law; 3 (p) failure to register as a sex offender pursuant to section one 4 hundred sixty-eight-t of the correction law or endangering the welfare 5 of a child as defined in subdivision one of section 260.10 of the penal 6 law, where the defendant is required to maintain registration under 7 article six-C of the correction law and designated a level three offen- 8 der pursuant to subdivision six of section one hundred sixty-eight-l of 9 the correction law; 10 (q) a crime involving bail jumping under section 215.55, 215.56 or 11 215.57 of the penal law, or a crime involving escaping from custody 12 under section 205.05, 205.10 or 205.15 of the penal law; 13 (r) any felony offense committed by the principal while serving a 14 sentence of probation or while released to post release supervision; 15 (s) a felony, where the defendant qualifies for sentencing on such 16 charge as a persistent felony offender pursuant to section 70.10 of the 17 penal law; 18 (t) any felony or class A misdemeanor involving harm to an identifi- 19 able person or property, or any charge of criminal possession of a 20 firearm as defined in section 265.01-b of the penal law, where such 21 charge arose from conduct occurring while the defendant was released on 22 his or her own recognizance, released under conditions, or had yet to be 23 arraigned after the issuance of a desk appearance ticket for a separate 24 felony or class A misdemeanor involving harm to an identifiable person 25 or property, or any charge of criminal possession of a firearm as 26 defined in section 265.01-b of the penal law, provided, however, that 27 the prosecutor must show reasonable cause to believe that the defendant 28 committed the instant crime and any underlying crime. For the purposes 29 of this subparagraph, any of the underlying crimes need not be a quali- 30 fying offense as defined in this subdivision. For the purposes of this 31 paragraph, "harm to an identifiable person or property" shall include 32 but not be limited to theft of or damage to property. However, based 33 upon a review of the facts alleged in the accusatory instrument, if the 34 court determines that such theft is negligible and does not appear to be 35 in furtherance of other criminal activity, the principal shall be 36 released on his or her own recognizance or under appropriate non-mone- 37 tary conditions; [or] 38 (u) criminal possession of a weapon in the third degree as defined in 39 subdivision three of section 265.02 of the penal law or criminal sale of 40 a firearm to a minor as defined in section 265.16 of the penal law[.]; 41 (v) obstructing governmental administration in the second degree as 42 defined in section 195.05 of the penal law, killing or injuring a police 43 animal as defined in section 195.06 of the penal law, killing a police 44 work dog or police work horse as defined in section 195.06-a of the 45 penal law, obstructing governmental administration in the first degree 46 as defined in section 195.07, obstructing governmental administration by 47 means of a self-defense spray device as defined in section 195.08, 48 bribery in the first degree as defined in section 200.04 of the penal 49 law, bribe receiving in the first degree as defined in section 200.12 of 50 the penal law, bribe giving for public office as defined in section 51 200.45 of the penal law, promoting prison contraband in the second 52 degree as defined in section 205.20 of the penal law, promoting prison 53 contraband in the first degree as defined in section 205.25 of the penal 54 law, resisting arrest as defined in section 205.30 of the penal law, 55 hindering prosecution in the first degree as defined in section 205.65 56 of the penal law, tampering with a juror in the first degree as definedA. 4246 12 1 in section 215.25 of the penal law or tampering with physical evidence 2 as defined in section 215.40 of the penal law; 3 (w) public sensibilities and the right to privacy including aggravated 4 harassment in the first degree as defined in section 240.31 of the penal 5 law or directing a laser at an aircraft in the first degree as defined 6 in section 240.77 of the penal law; 7 (x) criminal possession of a weapon in the fourth degree as defined in 8 section 265.01 of the penal law, criminal sale of a firearm to a minor 9 as defined in section 265.16 of the penal law, criminal purchase or 10 disposal of a weapon as defined in section 265.17 of the penal law, or 11 aggravated criminal possession of a weapon as defined in section 265.19 12 of the penal law; 13 (y) aggravated cruelty to animals as defined in section three hundred 14 fifty-three-a of the agriculture and markets law, overdriving, torturing 15 and injuring animals; failure to provide proper sustenance as defined in 16 section three hundred fifty-three of the agriculture and markets law, or 17 animal fighting as defined in section three hundred fifty-one of the 18 agriculture and markets law; 19 (z) a hate crime as defined in section 485.05 of the penal law; 20 (a-1) any of the following offenses where the defendant is required to 21 maintain registration under article six-C of the correction law and 22 designated a level two or level three offender pursuant to subdivision 23 six of section one hundred sixty-eight-l of the correction law: endan- 24 gering the welfare of a child as defined in section 260.10 of the penal 25 law; public lewdness as defined in section 245.00 of the penal law; 26 exposure of a person as defined in section 245.01 of the penal law; 27 public lewdness in the first degree as defined in section 245.03 of the 28 penal law; 29 (b-1) reckless assault of a child by a child day care provider as 30 defined in section 120.01 of the penal law, stalking in the fourth 31 degree as defined in section 120.45 of the penal law, stalking in the 32 third degree as defined in section 120.50 of the penal law, stalking in 33 the second degree as defined in section 120.55 of the penal law, crimi- 34 nally negligent homicide as defined in section 125.10 of the penal law, 35 vehicular manslaughter in the second degree as defined in section 125.12 36 of the penal law, vehicular manslaughter in the first degree as defined 37 in section 125.13 of the penal law, aggravated vehicular homicide as 38 defined in section 125.14 of the penal law, manslaughter in the second 39 degree as defined in section 125.15 of the penal law, coercion in the 40 first degree as defined in section 135.65 of the penal law, burglary in 41 the third degree as defined in section 140.20 of the penal law, arson in 42 the fourth degree as defined in section 150.05 of the penal law, robbery 43 in the third degree as defined in section 160.05 of the penal law, or 44 criminal possession of a firearm as defined in section 265.01-b of the 45 penal law; 46 (c-1) an aggravated family offense as defined in section 240.75 of the 47 penal law; 48 (d-1) any felony or class A misdemeanor involving harm to an identifi- 49 able person or property, where such charge arose from conduct occurring 50 while the defendant was engaging in a riot as defined in article two 51 hundred forty of the penal law; 52 (e-1) use of a child to commit a controlled substance offense as 53 defined in section 220.28 of the penal law and criminal sale of a 54 controlled substance to a child as defined in section 220.48 of the 55 penal law; orA. 4246 13 1 (f-1) any crime in violation of article two hundred sixty-five of the 2 penal law involving the use of a machine-gun, firearm silencer, firearm, 3 rifle, shotgun, disguised gun or assault weapon, as such terms are 4 defined in section 265.00 of the penal law. 5 § 4. This act shall take effect immediately.
