Bill Text: NY A04984 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes bail for class A misdemeanors and felonies committed during a riot.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A04984 Detail]
Download: New_York-2021-A04984-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4984 2021-2022 Regular Sessions IN ASSEMBLY February 10, 2021 ___________ 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 authorizing bail for certain offenses committed during a riot The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (t) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (a) as amended and paragraph 3 (t) as added by section 2 of part UU of chapter 56 of the laws of 2020, 4 are amended and a new paragraph (u) is added to read as follows: 5 (a) a felony enumerated in section 70.02 of the penal law, other than 6 robbery in the second degree as defined in subdivision one of section 7 160.10 of the penal law, provided, however, that burglary in the second 8 degree as defined in subdivision two of section 140.25 of the penal law 9 shall be a qualifying offense only where the defendant is charged with 10 entering the living area of the dwelling or is charged with committing 11 such offense while engaging in a riot as defined in article two hundred 12 forty of the penal law; 13 (t) any felony or class A misdemeanor involving harm to an identifi- 14 able person or property, where such charge arose from conduct occurring 15 while the defendant was released on his or her own recognizance or 16 released under conditions for a separate felony or class A misdemeanor 17 involving harm to an identifiable person or property, provided, however, 18 that the prosecutor must show reasonable cause to believe that the 19 defendant committed the instant crime and any underlying crime. For the 20 purposes of this subparagraph, any of the underlying crimes need not be 21 a qualifying offense as defined in this subdivision[.]; or 22 (u) any felony or class A misdemeanor involving harm to an iden- 23 tifiable person or property, where such charge arose from conduct 24 occurring while the defendant was engaging in a riot as defined in arti- 25 cle two hundred forty of the penal law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06793-01-1A. 4984 2 1 § 2. Subparagraphs (i) and (xx) of paragraph (b) of subdivision 1 of 2 section 530.20 of the criminal procedure law, subparagraphs (i) and 3 (xx) as amended by section 3 of part UU of chapter 56 of the laws of 4 2020, are amended and a new subparagraph (xxi) is added to read as 5 follows: 6 (i) a felony enumerated in section 70.02 of the penal law, other than 7 robbery in the second degree as defined in subdivision one of section 8 160.10 of the penal law, provided, however, that burglary in the second 9 degree as defined in subdivision two of section 140.25 of the penal law 10 shall be a qualifying offense only where the defendant is charged with 11 entering the living area of the dwelling, or is charged with committing 12 such offense while engaging in a riot as defined in article two hundred 13 forty of the penal law; 14 (xx) any felony or class A misdemeanor involving harm to an identifi- 15 able person or property, where such charge arose from conduct occurring 16 while the defendant was released on his or her own recognizance or 17 released under conditions for a separate felony or class A misdemeanor 18 involving harm to an identifiable person or property, provided, however, 19 that the prosecutor must show reasonable cause to believe that the 20 defendant committed the instant crime and any underlying crime. For the 21 purposes of this subparagraph, any of the underlying crimes need not be 22 a qualifying offense as defined in this subdivision[.]; or 23 (xxi) any felony or class A misdemeanor involving harm to an 24 identifiable person or property, where such charge arose from conduct 25 occurring while the defendant was engaging in a riot as defined in arti- 26 cle two hundred forty of the penal law. 27 § 3. Paragraphs (a) and (t) of subdivision 4 of section 530.40 of the 28 criminal procedure law, paragraph (a) as amended and paragraph (t) as 29 added by section 4 of part UU of chapter 56 of the laws of 2020, are 30 amended and a new paragraph (u) is added to read as follows: 31 (a) a felony enumerated in section 70.02 of the penal law, other than 32 robbery in the second degree as defined in subdivision one of section 33 160.10 of the penal law, provided, however, that burglary in the second 34 degree as defined in subdivision two of section 140.25 of the penal law 35 shall be a qualifying offense only where the defendant is charged with 36 entering the living area of the dwelling or is charged with committing 37 such offense while engaging in a riot as defined in article two hundred 38 forty of the penal law; 39 (t) any felony or class A misdemeanor involving harm to an identifi- 40 able person or property, where such charge arose from conduct occurring 41 while the defendant was released on his or her own recognizance or 42 released under conditions for a separate felony or class A misdemeanor 43 involving harm to an identifiable person or property, provided, however, 44 that the prosecutor must show reasonable cause to believe that the 45 defendant committed the instant crime and any underlying crime. For the 46 purposes of this subparagraph, any of the underlying crimes need not be 47 a qualifying offense as defined in this subdivision[.]; or 48 (u) any felony or class A misdemeanor involving harm to an 49 identifiable person or property, where such charge arose from conduct 50 occurring while the defendant was engaging in a riot as defined 51 in article two hundred forty of the penal law. 52 § 4. This act shall take effect immediately.
