Bill Text: NY A10181 | 2019-2020 | General Assembly | Introduced
Bill Title: Expands the list of qualifying offenses for which a court may fix bail or commit to custody of the sheriff.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-24 - referred to codes [A10181 Detail]
Download: New_York-2019-A10181-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10181 IN ASSEMBLY March 24, 2020 ___________ Introduced by M. of A. MALLIOTAKIS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to expanding the list of qualifying offenses for which a court may fix bail or commit to 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. Paragraphs (a), (d), (f), (h) and (i) of subdivision 4 of 2 section 510.10 of the criminal procedure law, as added by section 2 of 3 part JJJ of chapter 59 of the laws of 2019, are amended and three new 4 paragraphs (j), (k) and (l) are added to read as follows: 5 (a) a felony enumerated in section 70.02 of the penal law[, other than6burglary in the second degree as defined in subdivision two of section7140.25 of the penal law or robbery in the second degree as defined in8subdivision one of section 160.10 of the penal law]; 9 (d) a class A felony defined in the penal law[, other than in article10two hundred twenty of such law with the exception of section 220.77 of11such 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 article15one hundred twenty-five of the penal law]; 16 (h) [criminal contempt in the second degree as defined in subdivision17three of section 215.50 of the penal law, criminal contempt in the first18degree as defined in subdivision (b), (c) or (d) of section 215.51 of19the penal law or aggravated criminal contempt as defined in section20215.52 of the penal law, and the underlying allegation of such charge of21criminal contempt in the second degree, criminal contempt in the first22degree or aggravated criminal contempt is that the defendant violated a23duly served order of protection where the protected party is a member of24the defendant's same family or household as defined in subdivision one25of section 530.11 of this article; or26(i)] facilitating a sexual performance by a child with a controlled 27 substance or alcohol as defined in section 263.30 of the penal law, use EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15526-01-0A. 10181 2 1 of a child in a sexual performance as defined in section 263.05 of the 2 penal law or luring a child as defined in subdivision one of section 3 120.70 of the penal law[.]; 4 (i) any felony defined in article one hundred twenty or one hundred 5 twenty-five of the penal law; 6 (j) criminal obstruction of breathing or blood circulation as defined 7 in section 121.11 of the penal law, strangulation in the second degree 8 as defined in section 121.12 of the penal law or strangulation in the 9 first degree as defined in section 121.13 of the penal law; 10 (k) a controlled substance offense as defined in article two hundred 11 twenty of the penal law; or 12 (l) any offense against a member or members of the defendant's same 13 family or household as defined in subdivision one of section 530.11 of 14 this title. 15 § 2. Subparagraphs (i), (iv), (vi), (viii) and (ix) of paragraph (b) 16 of subdivision 1 of section 530.20 of the criminal procedure law, as 17 added by section 16 of part JJJ of chapter 59 of the laws of 2019, are 18 amended and three new subparagraphs (x), (xi) and (xii) are added to 19 read as follows: 20 (i) a felony enumerated in section 70.02 of the penal law[, other than21burglary in the second degree as defined in subdivision two of section22140.25 of the penal law or robbery in the second degree as defined in23subdivision one of section 160.10 of the penal law]; 24 (iv) a class A felony defined in the penal law[, other than in article25two hundred twenty of such law with the exception of section 220.77 of26such law]; 27 (vi) conspiracy in the second degree as defined in section 105.15 of 28 the penal law, where the underlying allegation of such charge is that 29 the defendant conspired to commit a class A felony [defined in article30one hundred twenty-five of the penal law]; 31 (viii) [criminal contempt in the second degree as defined in subdivi-32sion three of section 215.50 of the penal law, criminal contempt in the33first degree as defined in subdivision (b), (c) or (d) of section 215.5134of the penal law or aggravated criminal contempt as defined in section35215.52 of the penal law, and the underlying allegation of such charge of36criminal contempt in the second degree, criminal contempt in the first37degree or aggravated criminal contempt is that the defendant violated a38duly served order of protection where the protected party is a member of39the defendant's same family or household as defined in subdivision one40of section 530.11 of this article; or41(ix)] facilitating a sexual performance by a child with a controlled 42 substance or alcohol as defined in section 263.30 of the penal law, use 43 of a child in a sexual performance as defined in section 263.05 of the 44 penal law or luring a child as defined in subdivision one of section 45 120.70 of the penal law[.]; 46 (ix) any felony defined in article one hundred twenty or one hundred 47 twenty-five of the penal law; 48 (x) criminal obstruction of breathing or blood circulation as defined 49 in section 121.11 of the penal law, strangulation in the second degree 50 as defined in section 121.12 of the penal law or strangulation in the 51 first degree as defined in section 121.13 of the penal law; 52 (xi) a controlled substance offense as defined in article two hundred 53 twenty of the penal law; or 54 (xii) any offense against a member or members of the defendant's same 55 family or household as defined in subdivision one of section 530.11 of 56 this article.A. 10181 3 1 § 3. Paragraphs (a), (d), (f), (h) and (i) of subdivision 4 of section 2 530.40 of the criminal procedure law, as added by section 18 of part JJJ 3 of chapter 59 of the laws of 2019, are amended and three new paragraphs 4 (j), (k) and (l) are added to read as follows: 5 (a) a felony enumerated in section 70.02 of the penal law[, other than6burglary in the second degree as defined in subdivision two of section7140.25 of the penal law or robbery in the second degree as defined in8subdivision one of section 160.10 of the penal law]; 9 (d) a class A felony defined in the penal law[, other than in article10two hundred twenty of such law with the exception of section 220.77 of11such 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 article15one hundred twenty-five of the penal law]; 16 (h) [criminal contempt in the second degree as defined in subdivision17three of section 215.50 of the penal law, criminal contempt in the first18degree as defined in subdivision (b), (c) or (d) of section 215.51 of19the penal law or aggravated criminal contempt as defined in section20215.52 of the penal law, and the underlying allegation of such charge of21criminal contempt in the second degree, criminal contempt in the first22degree or aggravated criminal contempt is that the defendant violated a23duly served order of protection where the protected party is a member of24the defendant's same family or household as defined in subdivision one25of section 530.11 of this article; or26(i)] facilitating a sexual performance by a child with a controlled 27 substance or alcohol as defined in section 263.30 of the penal law, use 28 of a child in a sexual performance as defined in section 263.05 of the 29 penal law or luring a child as defined in subdivision one of section 30 120.70 of the penal law[.]; 31 (i) any felony defined in article one hundred twenty or one hundred 32 twenty-five of the penal law; 33 (j) criminal obstruction of breathing or blood circulation as defined 34 in section 121.11 of the penal law, strangulation in the second degree 35 as defined in section 121.12 of the penal law or strangulation in the 36 first degree as defined in section 121.13 of the penal law; 37 (k) a controlled substance offense as defined in article two hundred 38 twenty of the penal law; or 39 (l) any offense against a member or members of the defendant's same 40 family or household as defined in subdivision one of section 530.11 of 41 this article. 42 § 4. This act shall take effect on the thirtieth day after it shall 43 have become a law.