Bill Text: NY S02030 | 2021-2022 | General Assembly | Introduced

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Bill Title: Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more felony offenses within the immediate preceding ten years.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S02030 Detail]

Download: New_York-2021-S02030-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2030

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 16, 2021
                                       ___________

        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the criminal procedure  law,  in  relation  to  ensuring
          repeat offenders qualify for bail and pre-trial detention

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

     1    Section 1. Paragraphs (s) and (t) of subdivision 4 of  section  510.10
     2  of the criminal procedure law, as added by section 2 of part UU of chap-
     3  ter 56 of the laws of 2020, are amended and a new paragraph (u) is added
     4  to read as follows:
     5    (s)  a  felony,  where  the defendant qualifies for sentencing on such
     6  charge as a persistent felony offender pursuant to section 70.10 of  the
     7  penal law; [or]
     8    (t)  any  felony or class A misdemeanor involving harm to an identifi-
     9  able person or property, where such charge arose from conduct  occurring
    10  while  the  defendant  was  released  on  his or her own recognizance or
    11  released under conditions for a separate felony or class  A  misdemeanor
    12  involving harm to an identifiable person or property, provided, however,
    13  that  the  prosecutor  must  show  reasonable  cause to believe that the
    14  defendant committed the instant crime and any underlying crime. For  the
    15  purposes  of this subparagraph, any of the underlying crimes need not be
    16  a qualifying offense as defined in this subdivision[.]; or
    17    (u) any other felony offense and the principal has been  convicted  of
    18  one or more felony offenses within the immediate preceding ten years.
    19    § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
    20  section 530.20 of the criminal procedure law, as amended by section 3 of
    21  part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
    22  agraph (xxi) is added to read as follows:
    23    (xix)  a  felony, where the defendant qualifies for sentencing on such
    24  charge as a persistent felony offender pursuant to section 70.10 of  the
    25  penal law; [or]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04358-01-1
        S. 2030                             2

     1    (xx)  any felony or class A misdemeanor involving harm to an identifi-
     2  able person or property, where such charge arose from conduct  occurring
     3  while  the  defendant  was  released  on  his or her own recognizance or
     4  released under conditions for a separate felony or class  A  misdemeanor
     5  involving harm to an identifiable person or property, provided, however,
     6  that  the  prosecutor  must  show  reasonable  cause to believe that the
     7  defendant committed the instant crime and any underlying crime. For  the
     8  purposes  of this subparagraph, any of the underlying crimes need not be
     9  a qualifying offense as defined in this subdivision[.]; or
    10    (xxi) any other felony offense and the principal has been convicted of
    11  one or more felony offenses within the immediate preceding ten years.
    12    § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of  the
    13  criminal  procedure  law, as added by section 4 of part UU of chapter 56
    14  of the laws of 2020, are amended and a new paragraph  (u)  is  added  to
    15  read as follows:
    16    (s)  a  felony,  where  the defendant qualifies for sentencing on such
    17  charge as a persistent felony offender pursuant to section 70.10 of  the
    18  penal law; [or]
    19    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    20  able person or property, where such charge arose from conduct  occurring
    21  while  the  defendant  was  released  on  his or her own recognizance or
    22  released under conditions for a separate felony or class  A  misdemeanor
    23  involving harm to an identifiable person or property, provided, however,
    24  that  the  prosecutor  must  show  reasonable  cause to believe that the
    25  defendant committed the instant crime and any underlying crime. For  the
    26  purposes  of this subparagraph, any of the underlying crimes need not be
    27  a qualifying offense as defined in this subdivision[.]; or
    28    (u) any other felony offense and the principal has been  convicted  of
    29  one or more felony offenses within the immediate preceding ten years.
    30    § 4. This act shall take effect immediately.