Bill Text: NY A09030 | 2019-2020 | General Assembly | Introduced
Bill Title: Adds drug and domestic violence offenses and crimes that result in death or serious physical injury as qualifying offenses for bail.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-01-10 - referred to codes [A09030 Detail]
Download: New_York-2019-A09030-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9030 IN ASSEMBLY January 10, 2020 ___________ Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to drug and domestic violence offenses qualifying for bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (a), (d), (h) and (i) 2 of subdivision 4 of section 510.10 of the criminal procedure law, as 3 added by section 2 of part JJJ of chapter 59 of the laws of 2019, are 4 amended and three new paragraphs (j), (k) and (l) are added to read as 5 follows: 6 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 than15burglary in the second degree as defined in subdivision two of section16140.25 of the penal law or robbery in the second degree as defined in17subdivision one of section 160.10 of the penal law]; 18 (d) a class A felony as defined in the penal law[, other than in arti-19cle two hundred twenty of such law with the exception of section 220.7720of such law]; 21 (h) criminal contempt in the second degree as defined in subdivision 22 three of section 215.50 of the penal law, criminal contempt in the first 23 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 24 the penal law or aggravated criminal contempt as defined in section 25 215.52 of the penal law, and the underlying allegation of such charge of 26 criminal contempt in the second degree, criminal contempt in the first 27 degree or aggravated criminal contempt is that the defendant violated a 28 duly served order of protection where the protected party is a member of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14317-01-9A. 9030 2 1 the defendant's same family or household as defined in subdivision one 2 of section 530.11 of this article; [or] 3 (i) facilitating a sexual performance by a child with a controlled 4 substance or alcohol as defined in section 263.30 of the penal law, use 5 of a child in a sexual performance as defined in section 263.05 of the 6 penal law or luring a child as defined in subdivision one of section 7 120.70 of the penal law[.]; 8 (j) a class B, C or D felony enumerated in article two hundred twenty 9 of the penal law; 10 (k) a crime which resulted in death or serious physical injury; or 11 (l) an aggravated family offense as defined in section 240.75 of the 12 penal law. 13 § 2. The opening paragraph and subparagraphs (i), (iv), (viii) and 14 (ix) of paragraph (b) of subdivision 1 of section 530.20 of the criminal 15 procedure law, as added by section 16 of part JJJ of chapter 59 of the 16 laws of 2019, are amended and three new subparagraphs (x), (xi) and 17 (xii) are added to read as follows: 18 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 when 26 he or she stands charged with: 27 (i) a felony enumerated in section 70.02 of the penal law[, other than28burglary in the second degree as defined in subdivision two of section29140.25 of the penal law or robbery in the second degree as defined in30subdivision one of section 160.10 of the penal law]; 31 (iv) a class A felony defined in the penal law[, other than in article32two hundred twenty of such law with the exception of section 220.77 of33such law]; 34 (viii) criminal contempt in the second degree as defined in subdivi- 35 sion three of section 215.50 of the penal law, criminal contempt in the 36 first degree as defined in subdivision (b), (c) or (d) of section 215.51 37 of the penal law or aggravated criminal contempt as defined in section 38 215.52 of the penal law, and the underlying allegation of such charge of 39 criminal contempt in the second degree, criminal contempt in the first 40 degree or aggravated criminal contempt is that the defendant violated a 41 duly served order of protection where the protected party is a member of 42 the defendant's same family or household as defined in subdivision one 43 of section 530.11 of this article; [or] 44 (ix) facilitating a sexual performance by a child with a controlled 45 substance or alcohol as defined in section 263.30 of the penal law, use 46 of a child in a sexual performance as defined in section 263.05 of the 47 penal law or luring a child as defined in subdivision one of section 48 120.70 of the penal law[.]; 49 (x) a class B, C or D felony enumerated in article two hundred twenty 50 of the penal law; 51 (xi) a crime which resulted in death or serious physical injury; or 52 (xii) an aggravated family offense as defined in section 240.75 of the 53 penal law. 54 § 3. The opening paragraph and paragraphs (a), (d), (h) and (i) of 55 subdivision 4 of section 530.40 of the criminal procedure law, as addedA. 9030 3 1 by section 18 of part JJJ of chapter 59 of the laws of 2019, are amended 2 and three new paragraphs (j), (k) and (l) are added to read as follows: 3 Where the principal stands charged with a qualifying offense, the 4 court, unless otherwise prohibited by law, may in its discretion release 5 the principal pending trial on the principal's own recognizance or under 6 non-monetary conditions, fix bail, or, where the defendant is charged 7 with a qualifying offense [which is a felony], the court may commit the 8 principal to the custody of the sheriff. The court shall explain its 9 choice of release, release with conditions, bail or remand on the record 10 or in writing. A principal stands charged with a qualifying offense for 11 the purposes of this subdivision when he or she stands charged with: 12 (a) a felony enumerated in section 70.02 of the penal law[, other than13burglary in the second degree as defined in subdivision two of section14140.25 of the penal law or robbery in the second degree as defined in15subdivision one of section 160.10 of the penal law]; 16 (d) a class A felony as defined in the penal law[, other than in arti-17cle two hundred twenty of such law with the exception of section 220.7718of such law]; 19 (h) criminal contempt in the second degree as defined in subdivision 20 three of section 215.50 of the penal law, criminal contempt in the first 21 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 22 the penal law or aggravated criminal contempt as defined in section 23 215.52 of the penal law, and the underlying allegation of such charge of 24 criminal contempt in the second degree, criminal contempt in the first 25 degree or aggravated criminal contempt is that the defendant violated a 26 duly served order of protection where the protected party is a member of 27 the defendant's same family or household as defined in subdivision one 28 of section 530.11 of this article; [or] 29 (i) facilitating a sexual performance by a child with a controlled 30 substance or alcohol as defined in section 263.30 of the penal law, use 31 of a child in a sexual performance as defined in section 263.05 of the 32 penal law or luring a child as defined in subdivision one of section 33 120.70 of the penal law[.]; 34 (j) a class B, C or D felony enumerated in article two hundred twenty 35 of the penal law; 36 (k) a crime which resulted in death or serious physical injury; or 37 (l) an aggravated family offense as defined in section 240.75 of the 38 penal law. 39 § 4. This act shall take effect on the same date and in the same 40 manner as part JJJ of chapter 59 of the laws of 2019, takes effect.