Bill Text: NY A07772 | 2021-2022 | General Assembly | Introduced

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Bill Title: Allows judges more options for when to impose bail or commit the principal to the custody of the sheriff for burglary in the second degree, robbery in the second degree and crimes which resulted in death or serious physical injury.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A07772 Detail]

Download: New_York-2021-A07772-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7772

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 21, 2021
                                       ___________

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

        AN  ACT  to  amend  the  criminal procedure law, in relation to allowing
          judges more options for when to impose bail or commit the principal to
          the custody of the sheriff

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

     1    Section  1.  Paragraph  (a)  of subdivision 4 of section 510.10 of the
     2  criminal procedure law, as amended by section 2 of part UU of chapter 56
     3  of the laws of 2020, is amended and a new paragraph (j-1)  is  added  to
     4  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;
    11    (j-1) a crime which resulted in death or serious physical injury;
    12    § 2. Subparagraph (i) of paragraph (b) of  subdivision  1  of  section
    13  530.20 of the criminal procedure law, as amended by section 3 of part UU
    14  of  chapter  56  of  the laws of 2020, is amended and a new subparagraph
    15  (x-1) is added to read as follows:
    16    (i) a felony enumerated in section 70.02 of the penal law[, other than
    17  robbery in the second degree as defined in subdivision  one  of  section
    18  160.10 of the penal law], provided, however, that burglary in the second
    19  degree  as defined in subdivision two of section 140.25 of the penal law
    20  shall be a qualifying offense only where the defendant is  charged  with
    21  entering the living area of the dwelling;
    22    (x-1) a crime which resulted in death or serious physical injury;
    23    §  3. Paragraph (a) of subdivision 4 of section 530.40 of the criminal
    24  procedure law, as amended by section 4 of part UU of chapter 56  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11489-01-1
        A. 7772                             2

     1  laws  of  2020, is amended and a new paragraph (j-1) is added to read as
     2  follows:
     3    (a) a felony enumerated in section 70.02 of the penal law[, other than
     4  robbery  in  the  second degree as defined in subdivision one of section
     5  160.10 of the penal law], provided, however, that burglary in the second
     6  degree as defined in subdivision two of section 140.25 of the penal  law
     7  shall  be  a qualifying offense only where the defendant is charged with
     8  entering the living area of the dwelling;
     9    (j-1) a crime which resulted in death or serious physical injury; or
    10    § 4. This act shall take effect on the first of November next succeed-
    11  ing the date upon which it shall have become a law.