Bill Text: NY A10342 | 2019-2020 | General Assembly | Introduced

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Bill Title: Authorizes bail and pre-trial detention for domestic violence charges.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-04-29 - referred to codes [A10342 Detail]

Download: New_York-2019-A10342-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10342

                   IN ASSEMBLY

                                     April 29, 2020
                                       ___________

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

        AN  ACT  to  amend  the  criminal procedure law, in relation to bail and
          pre-trial detention and domestic violence charges

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

     1    Section 1. Section 510.10 of the criminal procedure law, as amended by
     2  section  2 of part JJJ of chapter 59 of the laws of 2019 and subdivision
     3  4 as amended by section 2 of part UU of chapter 56 of the laws of  2020,
     4  is amended to read as follows:
     5  § 510.10 Securing order; when required; alternatives available; standard
     6             to be applied.
     7    1.  When  a  principal,  whose  future  court attendance at a criminal
     8  action or proceeding is or may be required, comes under the control of a
     9  court, such court shall, in accordance with this title,  by  a  securing
    10  order release the principal on the principal's own recognizance, release
    11  the  principal  under non-monetary conditions, or, where authorized, fix
    12  bail or commit the principal to the custody of the sheriff. In all  such
    13  cases,  except  where  another  type  of  securing  order is shown to be
    14  required by law, the court shall release the principal pending trial  on
    15  the  principal's  own  recognizance,  unless  it is demonstrated and the
    16  court makes an individualized determination that the principal  poses  a
    17  risk  of  flight  to  avoid  prosecution. If such a finding is made, the
    18  court must select the least restrictive  alternative  and  condition  or
    19  conditions  that will reasonably assure the principal's return to court.
    20  The court shall explain its choice of release, release with  conditions,
    21  bail or remand on the record or in writing.
    22    2.  A  principal  is  entitled to representation by counsel under this
    23  chapter in preparing an application for release, when a  securing  order
    24  is  being  considered  and  when  a securing order is being reviewed for
    25  modification, revocation or termination. If the principal is financially
    26  unable to obtain counsel, counsel shall be assigned to the principal.
    27    3. In cases other than as described in [subdivision] subdivisions four
    28  and five of this section the court shall release the  principal  pending

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15108-02-0
        A. 10342                            2

     1  trial on the principal's own recognizance, unless the court finds on the
     2  record  or  in  writing that release on the principal's own recognizance
     3  will not reasonably assure the principal's  return  to  court.  In  such
     4  instances,  the  court  shall  release  the principal under non-monetary
     5  conditions, selecting the least restrictive alternative  and  conditions
     6  that  will  reasonably assure the principal's return to court. The court
     7  shall explain its choice of alternative and conditions on the record  or
     8  in writing.
     9    4.  Where  the principal stands charged with a qualifying offense, the
    10  court, unless otherwise prohibited by law, may in its discretion release
    11  the principal pending trial on the principal's own recognizance or under
    12  non-monetary conditions, fix bail, or, where the  defendant  is  charged
    13  with  a  qualifying  offense which is a felony, the court may commit the
    14  principal to the custody of the sheriff. A principal stands charged with
    15  a qualifying offense for the purposes of this subdivision when he or she
    16  stands charged with:
    17    (a) a felony enumerated in section 70.02 of the penal law, other  than
    18  robbery  in  the  second degree as defined in subdivision one of section
    19  160.10 of the penal law, provided, however, that burglary in the  second
    20  degree  as defined in subdivision two of section 140.25 of the penal law
    21  shall be a qualifying offense only where the defendant is  charged  with
    22  entering the living area of the dwelling;
    23    (b) a crime involving witness intimidation under section 215.15 of the
    24  penal law;
    25    (c)  a  crime involving witness tampering under section 215.11, 215.12
    26  or 215.13 of the penal law;
    27    (d) a class A felony defined in the penal law, provided that for class
    28  A felonies under article two hundred twenty of the penal law, only class
    29  A-I felonies shall be a qualifying offense;
    30    (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
    31  the penal law, or a felony sex offense defined in section 70.80  of  the
    32  penal  law,  or  a  crime involving incest as defined in section 255.25,
    33  255.26 or 255.27 of such law, or a misdemeanor defined  in  article  one
    34  hundred thirty of such law;
    35    (f)  conspiracy  in  the second degree as defined in section 105.15 of
    36  the penal law, where the underlying allegation of such  charge  is  that
    37  the  defendant  conspired  to commit a class A felony defined in article
    38  one hundred twenty-five of the penal law;
    39    (g) money laundering in support of terrorism in the  first  degree  as
    40  defined  in section 470.24 of the penal law; money laundering in support
    41  of terrorism in the second degree as defined in section  470.23  of  the
    42  penal  law; money laundering in support of terrorism in the third degree
    43  as defined in section 470.22 of  the  penal  law;  money  laundering  in
    44  support  of  terrorism in the fourth degree as defined in section 470.21
    45  of the penal law; or a felony crime of terrorism as defined  in  article
    46  four  hundred  ninety  of the penal law, other than the crime defined in
    47  section 490.20 of such law;
    48    (h) [criminal contempt in the second degree as defined in  subdivision
    49  three of section 215.50 of the penal law, criminal contempt in the first
    50  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    51  the penal law or aggravated criminal  contempt  as  defined  in  section
    52  215.52 of the penal law, and the underlying allegation of such charge of
    53  criminal  contempt  in the second degree, criminal contempt in the first
    54  degree or aggravated criminal contempt is that the defendant violated  a
    55  duly served order of protection where the protected party is a member of
        A. 10342                            3

     1  the  defendant's  same family or household as defined in subdivision one
     2  of section 530.11 of this title;
     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, promoting an obscene sexual performance by a
     8  child as defined in section 263.10 of the penal law or promoting a sexu-
     9  al performance by a child as defined in section 263.15 of the penal law;
    10    [(j)] (i) any crime that is alleged to have caused the death of anoth-
    11  er person;
    12    [(k)] (j) criminal obstruction of breathing or  blood  circulation  as
    13  defined  in section 121.11 of the penal law, strangulation in the second
    14  degree as defined in section 121.12 of the penal law or unlawful  impri-
    15  sonment  in  the  first degree as defined in section 135.10 of the penal
    16  law, and is alleged to have committed the offense against  a  member  of
    17  the  defendant's  same family or household as defined in subdivision one
    18  of section 530.11 of this title;
    19    [(l)] (k) aggravated vehicular assault as defined in section  120.04-a
    20  of  the penal law or vehicular assault in the first degree as defined in
    21  section 120.04 of the penal law;
    22    [(m)] (l) assault in the third degree as defined in section 120.00  of
    23  the  penal law or arson in the third degree as defined in section 150.10
    24  of the penal law, when such crime is charged as a hate crime as  defined
    25  in section 485.05 of the penal law;
    26    [(n)]  (m) aggravated assault upon a person less than eleven years old
    27  as defined in section 120.12 of the penal law or criminal possession  of
    28  a  weapon  on school grounds as defined in section 265.01-a of the penal
    29  law;
    30    [(o)] (n) grand larceny in the first  degree  as  defined  in  section
    31  155.42  of  the  penal  law, enterprise corruption as defined in section
    32  460.20 of the penal law, or money laundering  in  the  first  degree  as
    33  defined in section 470.20 of the penal law;
    34    [(p)]  (o)  failure  to register as a sex offender pursuant to section
    35  one hundred sixty-eight-t of  the  correction  law  or  endangering  the
    36  welfare  of  a  child as defined in subdivision one of section 260.10 of
    37  the penal law, where the defendant is required to maintain  registration
    38  under  article  six-C of the correction law and designated a level three
    39  offender  pursuant  to  subdivision   six   of   section   one   hundred
    40  sixty-eight-l of the correction law;
    41    [(q)]  (p) a crime involving bail jumping under section 215.55, 215.56
    42  or 215.57 of the penal law, or a crime involving escaping  from  custody
    43  under section 205.05, 205.10 or 205.15 of the penal law;
    44    [(r)]  (q) any felony offense committed by the principal while serving
    45  a sentence of probation or while released to post release supervision;
    46    [(s)] (r) a felony, where the defendant qualifies  for  sentencing  on
    47  such charge as a persistent felony offender pursuant to section 70.10 of
    48  the penal law; or
    49    [(t)] (s) any felony or class A misdemeanor involving harm to an iden-
    50  tifiable person or property, where such charge arose from conduct occur-
    51  ring  while the defendant was released on his or her own recognizance or
    52  released under conditions for a separate felony or class  A  misdemeanor
    53  involving harm to an identifiable person or property, provided, however,
    54  that  the  prosecutor  must  show  reasonable  cause to believe that the
    55  defendant committed the instant crime and any underlying crime. For  the
        A. 10342                            4

     1  purposes  of this subparagraph, any of the underlying crimes need not be
     2  a qualifying offense as defined in this subdivision.
     3    5. Where the principal stands charged with a crime or crimes against a
     4  member  or  members  of  the  same  family  or household as that term is
     5  defined in subdivision one of section 530.11 of this title,  the  court,
     6  unless  otherwise  prohibited  by law, may in its discretion release the
     7  principal pending trail on the principal's  own  recognizance  or  under
     8  non-monetary conditions, fix bail, or commit the principal to the custo-
     9  dy of the sheriff.
    10    6.  Notwithstanding  the  provisions of subdivisions three [and], four
    11  and five of this section, with respect to any charge for which  bail  or
    12  remand  is  not  ordered, and for which the court would not or could not
    13  otherwise require bail or remand, a defendant may, at any time,  request
    14  that  the  court set bail in a nominal amount requested by the defendant
    15  in the form specified in paragraph (a) of  subdivision  one  of  section
    16  520.10  of  this  title;  if  the court is satisfied that the request is
    17  voluntary, the court shall set such bail in such amount.
    18    [6.] 7. When a securing order is revoked or  otherwise  terminated  in
    19  the  course  of  an uncompleted action or proceeding but the principal's
    20  future court attendance still is or may be required and the principal is
    21  still under the control of a court, a new securing order must be issued.
    22  When the court revokes or otherwise terminates a  securing  order  which
    23  committed  the  principal to the custody of the sheriff, the court shall
    24  give written notification to the sheriff of such  revocation  or  termi-
    25  nation of the securing order.
    26    §  2. Paragraph (g) of subdivision 1 of section 510.30 of the criminal
    27  procedure law is amended by adding three new subparagraphs  (iii),  (iv)
    28  and (v) to read as follows:
    29    (iii)  any  history  of  prior acts of violence or threats of violence
    30  against a witness in the pending criminal action; and
    31    (iv) any order of protection issued by any court against the principal
    32  for the protection of a member or members of the same family  or  house-
    33  hold  as  that  term  is defined in subdivision one of section 530.11 of
    34  this title, whether or not such order  of  protection  is  currently  in
    35  effect; and
    36    (v)  any prior arrest or conviction for a crime or violation against a
    37  member or members of the same  family  or  household  as  that  term  is
    38  defined in subdivision one of section 530.11 of this title; and
    39    § 3. Subdivision 1 of section 530.20 of the criminal procedure law, as
    40  amended  by section 16 of part JJJ of chapter 59 of the laws of 2019 and
    41  paragraph (b) as amended by section 3 of part UU of chapter  56  of  the
    42  laws of 2020, is amended to read as follows:
    43    1.  (a)  In  cases  other than as described in paragraph (b) or (c) of
    44  this subdivision the court shall release the principal pending trial  on
    45  the  principal's  own recognizance, unless the court finds on the record
    46  or in writing that release on the principal's own recognizance will  not
    47  reasonably  assure  the  principal's return to court. In such instances,
    48  the court shall release the  principal  under  non-monetary  conditions,
    49  selecting  the  least  restrictive  alternative and conditions that will
    50  reasonably assure the principal's  return  to  court.  The  court  shall
    51  explain  its  choice  of  alternative and conditions on the record or in
    52  writing.
    53    (b) Where the principal stands charged with a qualifying offense,  the
    54  court, unless otherwise prohibited by law, may in its discretion release
    55  the principal pending trial on the principal's own recognizance or under
    56  non-monetary  conditions,  fix  bail, or, where the defendant is charged
        A. 10342                            5

     1  with a qualifying offense which is a felony, the court  may  commit  the
     2  principal  to  the  custody  of the sheriff. The court shall explain its
     3  choice of release, release with conditions, bail or remand on the record
     4  or in writing. A principal stands charged with a qualifying offense when
     5  he or she stands charged with:
     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;
    12    (ii) a crime involving witness intimidation under  section  215.15  of
    13  the penal law;
    14    (iii) a crime involving witness tampering under section 215.11, 215.12
    15  or 215.13 of the penal law;
    16    (iv)  a  class  A  felony defined in the penal law, provided, that for
    17  class A felonies under article two hundred  twenty  of  such  law,  only
    18  class A-I felonies shall be a qualifying offense;
    19    (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
    20  the  penal  law, or a felony sex offense defined in section 70.80 of the
    21  penal law or a crime involving incest  as  defined  in  section  255.25,
    22  255.26  or  255.27  of such law, or a misdemeanor defined in article one
    23  hundred thirty of such law;
    24    (vi) conspiracy in the second degree as defined in section  105.15  of
    25  the  penal  law,  where the underlying allegation of such charge is that
    26  the defendant conspired to commit a class A felony  defined  in  article
    27  one hundred twenty-five of the penal law;
    28    (vii)  money laundering in support of terrorism in the first degree as
    29  defined in section 470.24 of the penal law; money laundering in  support
    30  of  terrorism  in  the second degree as defined in section 470.23 of the
    31  penal law; money laundering in support of terrorism in the third  degree
    32  as  defined  in  section  470.22  of  the penal law; money laundering in
    33  support of terrorism in the fourth degree as defined in  section  470.21
    34  of  the  penal law; or a felony crime of terrorism as defined in article
    35  four hundred ninety of the penal law, other than the  crime  defined  in
    36  section 490.20 of such law;
    37    (viii)  [criminal contempt in the second degree as defined in subdivi-
    38  sion three of section 215.50 of the penal law, criminal contempt in  the
    39  first degree as defined in subdivision (b), (c) or (d) of section 215.51
    40  of  the  penal law or aggravated criminal contempt as defined in section
    41  215.52 of the penal law, and the underlying allegation of such charge of
    42  criminal contempt in the second degree, criminal contempt in  the  first
    43  degree  or aggravated criminal contempt is that the defendant violated a
    44  duly served order of protection where the protected party is a member of
    45  the defendant's same family or household as defined in  subdivision  one
    46  of section 530.11 of this article;
    47    (ix)]  facilitating  a sexual performance by a child with a controlled
    48  substance or alcohol as defined in section 263.30 of the penal law,  use
    49  of  a  child in a sexual performance as defined in section 263.05 of the
    50  penal law or luring a child as defined in  subdivision  one  of  section
    51  120.70  of  the  penal law, promoting an obscene sexual performance by a
    52  child as defined in section 263.10 of the penal law or promoting a sexu-
    53  al performance by a child as defined in section 263.15 of the penal law;
    54    [(x)] (ix) any crime that is alleged  to  have  caused  the  death  of
    55  another person;
        A. 10342                            6

     1    [(xi)]  (x)  criminal obstruction of breathing or blood circulation as
     2  defined in section 121.11 of the penal law, strangulation in the  second
     3  degree  as defined in section 121.12 of the penal law or unlawful impri-
     4  sonment in the first degree as defined in section 135.10  of  the  penal
     5  law,  and  is  alleged to have committed the offense against a member of
     6  the defendant's same family or household as defined in  subdivision  one
     7  of section 530.11 of this article;
     8    [(xii)]  (xi)  aggravated  vehicular  assault  as  defined  in section
     9  120.04-a of the penal law or vehicular assault in the  first  degree  as
    10  defined in section 120.04 of the penal law;
    11    [(xiii)]  (xii)  assault  in  the  third  degree as defined in section
    12  120.00 of the penal law or arson in  the  third  degree  as  defined  in
    13  section  150.10  of  the penal law, when such crime is charged as a hate
    14  crime as defined in section 485.05 of the penal law;
    15    [(xiv)] (xiii) aggravated assault upon a person less than eleven years
    16  old as defined in section 120.12 of the penal law or criminal possession
    17  of a weapon on school grounds as defined  in  section  265.01-a  of  the
    18  penal law;
    19    [(xv)]  (xiv)  grand larceny in the first degree as defined in section
    20  155.42 of the penal law, enterprise corruption  as  defined  in  section
    21  460.20  of  the  penal  law,  or money laundering in the first degree as
    22  defined in section 470.20 of the penal law;
    23    [(xvi)] (xv) failure to register as a sex offender pursuant to section
    24  one hundred sixty-eight-t of  the  correction  law  or  endangering  the
    25  welfare  of  a  child as defined in subdivision one of section 260.10 of
    26  the penal law, where the defendant is required to maintain  registration
    27  under  article  six-C of the correction law and designated a level three
    28  offender  pursuant  to  subdivision   six   of   section   one   hundred
    29  sixty-eight-l of the correction law;
    30    [(xvii)]  (xvi)  a  crime involving bail jumping under section 215.55,
    31  215.56 or 215.57 of the penal law, or a crime  involving  escaping  from
    32  custody under section 205.05, 205.10 or 205.15 of the penal law;
    33    [(xviii)]  (xvii)  any felony offense committed by the principal while
    34  serving a sentence of probation or while released to post release super-
    35  vision;
    36    [(xix)] (xviii) a felony, where the defendant qualifies for sentencing
    37  on such charge as a persistent felony offender pursuant to section 70.10
    38  of the penal law; or
    39    [(xx)] (xix) any felony or class A misdemeanor involving  harm  to  an
    40  identifiable  person  or  property, where such charge arose from conduct
    41  occurring while the defendant was released on his or  her  own  recogni-
    42  zance  or  released  under  conditions  for a separate felony or class A
    43  misdemeanor involving  harm  to  an  identifiable  person  or  property,
    44  provided,  however,  that  the  prosecutor must show reasonable cause to
    45  believe that the defendant committed the instant crime and any  underly-
    46  ing  crime. For the purposes of this subparagraph, any of the underlying
    47  crimes need not be a qualifying offense as defined in this subdivision.
    48    (c) Where the principal stands charged with a crime or crimes  against
    49  a  member  or  members  of  the same family or household as that term is
    50  defined in subdivision one or section 530.11 of this article, the court,
    51  unless otherwise prohibited by law, may in its  discretion  release  the
    52  principal  pending  trial  on  the principal's own recognizance or under
    53  non-monetary conditions, fix bail, or commit the principal to the custo-
    54  dy of the sheriff.
    55    (d) Notwithstanding the provisions of paragraphs (a) [and], (b)and (c)
    56  of this subdivision, with respect to any charge for which bail or remand
        A. 10342                            7

     1  is not ordered, and for which the court would not or could not otherwise
     2  require bail or remand, a defendant may, at any time, request  that  the
     3  court  set  bail  in  a nominal amount requested by the defendant in the
     4  form  specified in paragraph (a) of subdivision one of section 520.10 of
     5  this title; if the court is satisfied that the request is voluntary, the
     6  court shall set such bail in such amount.
     7    § 4. Section 530.40 of the  criminal  procedure  law,  as  amended  by
     8  section 18 of part JJJ of chapter 59 of the laws of 2019 and subdivision
     9  4  as amended by section 4 of part UU of chapter 56 of the laws of 2020,
    10  is amended to read as follows:
    11  § 530.40 Order of recognizance, release under non-monetary conditions or
    12             bail; by superior court when action is pending therein.
    13    When a criminal action is pending in a  superior  court,  such  court,
    14  upon  application of a defendant, must or may order recognizance or bail
    15  as follows:
    16    1. When the defendant is charged with an offense or offenses  of  less
    17  than  felony  grade  only,  the court must, unless otherwise provided by
    18  law, order recognizance or  release  under  non-monetary  conditions  in
    19  accordance with this section.
    20    2.  When the defendant is charged with a felony, the court may, unless
    21  otherwise provided by law in its discretion, order recognizance, release
    22  under non-monetary conditions or, where authorized, bail.  In  any  such
    23  case  in  which  an indictment (a) has resulted from an order of a local
    24  criminal court holding the defendant for the action of the  grand  jury,
    25  or  (b)  was  filed  at a time when a felony complaint charging the same
    26  conduct was pending in a local criminal court, and in which  such  local
    27  criminal court or a superior court judge has issued an order of recogni-
    28  zance,  release under non-monetary conditions or, where authorized, bail
    29  which is still effective, the superior court's order may be in the  form
    30  of a direction continuing the effectiveness of the previous order.
    31    3. In cases other than as described in [subdivision] subdivisions four
    32  and  five  of this section the court shall release the principal pending
    33  trial on the principal's own recognizance, unless the court finds on the
    34  record or in writing that release on the  principal's  own  recognizance
    35  will  not  reasonably  assure  the  principal's return to court. In such
    36  instances, the court shall  release  the  principal  under  non-monetary
    37  conditions,  selecting  the least restrictive alternative and conditions
    38  that will reasonably assure the principal's return to court.  The  court
    39  shall  explain its choice of alternative and conditions on the record or
    40  in writing.
    41    4. Where the principal stands charged with a qualifying  offense,  the
    42  court, unless otherwise prohibited by law, may in its discretion release
    43  the principal pending trial on the principal's own recognizance or under
    44  non-monetary  conditions,  fix  bail, or, where the defendant is charged
    45  with a qualifying offense which is a felony, the court  may  commit  the
    46  principal  to  the  custody  of the sheriff. The court shall explain its
    47  choice of release, release with conditions, bail or remand on the record
    48  or in writing. A principal stands charged with a qualifying offense  for
    49  the purposes of this subdivision when he or she stands charged with:
    50    (a)  a felony enumerated in section 70.02 of the penal law, other than
    51  robbery in the second degree as defined in subdivision  one  of  section
    52  160.10  of the penal law, provided, however, that burglary in the second
    53  degree as defined in subdivision two of section 140.25 of the penal  law
    54  shall  be  a qualifying offense only where the defendant is charged with
    55  entering the living area of the dwelling;
        A. 10342                            8

     1    (b) a crime involving witness intimidation under section 215.15 of the
     2  penal law;
     3    (c)  a  crime involving witness tampering under section 215.11, 215.12
     4  or 215.13 of the penal law;
     5    (d) a class A felony defined in the penal law, provided that for class
     6  A felonies under article two hundred twenty of such law, only class  A-I
     7  felonies shall be a qualifying offense;
     8    (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
     9  the  penal  law, or a felony sex offense defined in section 70.80 of the
    10  penal law or a crime involving incest  as  defined  in  section  255.25,
    11  255.26  or  255.27  of such law, or a misdemeanor defined in article one
    12  hundred thirty of such law;
    13    (f) conspiracy in the second degree as defined in  section  105.15  of
    14  the  penal  law,  where the underlying allegation of such charge is that
    15  the defendant conspired to commit a class A felony  defined  in  article
    16  one hundred twenty-five of the penal law;
    17    (g)  money  laundering  in support of terrorism in the first degree as
    18  defined in section 470.24 of the penal law; money laundering in  support
    19  of  terrorism  in  the second degree as defined in section 470.23 of the
    20  penal law; money laundering in support of terrorism in the third  degree
    21  as  defined  in  section  470.22  of  the penal law; money laundering in
    22  support of terrorism in the fourth degree as defined in  section  470.21
    23  of  the  penal law; or a felony crime of terrorism as defined in article
    24  four hundred ninety of the penal law, other than the  crime  defined  in
    25  section 490.20 of such law;
    26    (h)  [criminal contempt in the second degree as defined in subdivision
    27  three of section 215.50 of the penal law, criminal contempt in the first
    28  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
    29  the  penal  law  or  aggravated  criminal contempt as defined in section
    30  215.52 of the penal law, and the underlying allegation of such charge of
    31  criminal contempt in the second degree, criminal contempt in  the  first
    32  degree  or aggravated criminal contempt is that the defendant violated a
    33  duly served order of protection where the protected party is a member of
    34  the defendant's same family or household as defined in  subdivision  one
    35  of section 530.11 of this article;
    36    (i)]  facilitating  a  sexual performance by a child with a controlled
    37  substance or alcohol as defined in section 263.30 of the penal law,  use
    38  of  a  child in a sexual performance as defined in section 263.05 of the
    39  penal law or luring a child as defined in  subdivision  one  of  section
    40  120.70  of  the  penal law, promoting an obscene sexual performance by a
    41  child as defined in section 263.10 of the penal law or promoting a sexu-
    42  al performance by a child as defined in section 263.15 of the penal law;
    43    [(j)] (i) any crime that is alleged to have caused the death of anoth-
    44  er person;
    45    [(k)] (j) criminal obstruction of breathing or  blood  circulation  as
    46  defined  in section 121.11 of the penal law, strangulation in the second
    47  degree as defined in section 121.12 of the penal law or unlawful  impri-
    48  sonment  in  the  first degree as defined in section 135.10 of the penal
    49  law, and is alleged to have committed the offense against  a  member  of
    50  the  defendant's  same family or household as defined in subdivision one
    51  of section 530.11 of this article;
    52    [(l)] (k) aggravated vehicular assault as defined in section  120.04-a
    53  of  the penal law or vehicular assault in the first degree as defined in
    54  section 120.04 of the penal law;
    55    [(m)] (l) assault in the third degree as defined in section 120.00  of
    56  the  penal law or arson in the third degree as defined in section 150.10
        A. 10342                            9

     1  of the penal law, when such crime is charged as a hate crime as  defined
     2  in section 485.05 of the penal law;
     3    [(n)]  (m) aggravated assault upon a person less than eleven years old
     4  as defined in section 120.12 of the penal law or criminal possession  of
     5  a  weapon  on school grounds as defined in section 265.01-a of the penal
     6  law;
     7    [(o)] (n) grand larceny in the first  degree  as  defined  in  section
     8  155.42  of  the  penal  law, enterprise corruption as defined in section
     9  460.20 of the penal law, or money laundering  in  the  first  degree  as
    10  defined in section 470.20 of the penal law;
    11    [(p)]  (o)  failure  to register as a sex offender pursuant to section
    12  one hundred sixty-eight-t of  the  correction  law  or  endangering  the
    13  welfare  of  a  child as defined in subdivision one of section 260.10 of
    14  the penal law, where the defendant is required to maintain  registration
    15  under  article  six-C of the correction law and designated a level three
    16  offender  pursuant  to  subdivision   six   of   section   one   hundred
    17  sixty-eight-l of the correction law;
    18    [(q)]  (p) a crime involving bail jumping under section 215.55, 215.56
    19  or 215.57 of the penal law, or a crime involving escaping  from  custody
    20  under section 205.05, 205.10 or 205.15 of the penal law;
    21    [(r)]  (q) any felony offense committed by the principal while serving
    22  a sentence of probation or while released to post release supervision;
    23    [(s)] (r) a felony, where the defendant qualifies  for  sentencing  on
    24  such charge as a persistent felony offender pursuant to section 70.10 of
    25  the penal law; or
    26    [(t)] (s) any felony or class A misdemeanor involving harm to an iden-
    27  tifiable person or property, where such charge arose from conduct occur-
    28  ring  while the defendant was released on his or her own recognizance or
    29  released under conditions for a separate felony or class  A  misdemeanor
    30  involving harm to an identifiable person or property, provided, however,
    31  that  the  prosecutor  must  show  reasonable  cause to believe that the
    32  defendant committed the instant crime and any underlying crime. For  the
    33  purposes  of this subparagraph, any of the underlying crimes need not be
    34  a qualifying offense as defined in this subdivision.
    35    5. Where the principal stands charged with a crime or crimes against a
    36  member or members of the same  family  or  household  as  that  term  is
    37  defined in subdivision one of section 530.11 of this article, the court,
    38  unless  otherwise  prohibited  by law, may in its discretion release the
    39  principal pending trial on the principal's  own  recognizance  or  under
    40  non-monetary conditions, fix bail, or commit the principal to the custo-
    41  dy of the sheriff.
    42    6.  Notwithstanding  the  provisions of subdivisions three [and] four,
    43  and five of this section, with respect to any charge for which  bail  or
    44  remand  is  not  ordered, and for which the court would not or could not
    45  otherwise require bail or remand, a defendant may, at any time,  request
    46  that  the  court set bail in a nominal amount requested by the defendant
    47  in the form specified in paragraph (a) of  subdivision  one  of  section
    48  520.10  of  this  title;  if  the court is satisfied that the request is
    49  voluntary, the court shall set such bail in such amount.
    50    [6.] 7. Notwithstanding the  provisions  of  subdivisions  two,  three
    51  [and]  four,  and  five  of this section, a superior court may not order
    52  recognizance, release under non-monetary conditions  or,  where  author-
    53  ized,  bail,  or  permit a defendant to remain at liberty pursuant to an
    54  existing order, after the defendant has been convicted of either: (a)  a
    55  class  A felony or (b) any class B or class C felony as defined in arti-
    56  cle one hundred thirty of the penal law committed  or  attempted  to  be
        A. 10342                           10

     1  committed  by  a  person eighteen years of age or older against a person
     2  less than eighteen years of age. In either case the court must commit or
     3  remand the defendant to the custody of the sheriff.
     4    [7.]  8.  Notwithstanding  the  provisions  of subdivisions two, three
     5  [and] four, and five of this section, a superior  court  may  not  order
     6  recognizance,  release  under  non-monetary conditions or, where author-
     7  ized, bail when the defendant is charged with a felony unless and  until
     8  the  district  attorney has had an opportunity to be heard in the matter
     9  and such court and counsel for the defendant have been furnished with  a
    10  report as described in subparagraph (ii) of paragraph (b) of subdivision
    11  two of section 530.20 of this article.
    12    §  5.  This  act  shall  take  effect on the same date and in the same
    13  manner as part JJJ of chapter 59 of the laws of 2019, takes effect.