Bill Text: NY S04665 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to hate crimes, as defined in article four hundred eighty-five of the penal law, and bail eligibility.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04665 Detail]

Download: New_York-2023-S04665-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4665

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 13, 2023
                                       ___________

        Introduced  by  Sen.  LANZA  -- 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  hate  crimes
          and bail eligibility

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

     1    Section 1. Paragraphs (t) and (u) of subdivision 4 of  section  510.10
     2  of  the  criminal  procedure law, paragraph (t) as amended and paragraph
     3  (u) as added by section 2 of subpart B of part UU of chapter 56  of  the
     4  laws  of  2022,  are amended and a new paragraph (v) is added to read as
     5  follows:
     6    (t) any felony or class A misdemeanor involving harm to  an  identifi-
     7  able  person  or  property,  or  any  charge of criminal possession of a
     8  firearm as defined in section 265.01-b of  the  penal  law,  where  such
     9  charge  arose from conduct occurring while the defendant was released on
    10  his or her own recognizance, released under conditions, or had yet to be
    11  arraigned after the issuance of a desk appearance ticket for a  separate
    12  felony  or  class A misdemeanor involving harm to an identifiable person
    13  or property, or any charge  of  criminal  possession  of  a  firearm  as
    14  defined  in  section  265.01-b of the penal law, provided, however, that
    15  the prosecutor must show reasonable cause to believe that the  defendant
    16  committed  the  instant crime and any underlying crime. For the purposes
    17  of this subparagraph, any of the underlying crimes need not be a  quali-
    18  fying  offense  as defined in this subdivision. For the purposes of this
    19  paragraph, "harm to an identifiable person or  property"  shall  include
    20  but  not  be  limited  to theft of or damage to property. However, based
    21  upon a review of the facts alleged in the accusatory instrument, if  the
    22  court determines that such theft is negligible and does not appear to be
    23  in  furtherance  of  other  criminal  activity,  the  principal shall be
    24  released on his or her own recognizance or under  appropriate  non-mone-
    25  tary conditions; [or]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08762-01-3
        S. 4665                             2

     1    (u)  criminal possession of a weapon in the third degree as defined in
     2  subdivision three of section 265.02 of the penal law or criminal sale of
     3  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
     4  or
     5    (v) a hate crime as defined in article four hundred eighty-five of the
     6  penal law.
     7    § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
     8  section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
     9  amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
    10  part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
    11  agraph (xxii) is added to read as follows:
    12    (xx)  any felony or class A misdemeanor involving harm to an identifi-
    13  able person or property, or any  charge  of  criminal  possession  of  a
    14  firearm  as  defined  in  section  265.01-b  of the penal law where such
    15  charge arose from conduct occurring while the defendant was released  on
    16  his or her own recognizance, released under conditions, or had yet to be
    17  arraigned  after the issuance of a desk appearance ticket for a separate
    18  felony or class A misdemeanor involving harm to an  identifiable  person
    19  or property, provided, however, that the prosecutor must show reasonable
    20  cause  to believe that the defendant committed the instant crime and any
    21  underlying crime. For the purposes of  this  subparagraph,  any  of  the
    22  underlying  crimes  need  not be a qualifying offense as defined in this
    23  subdivision. For the purposes of this paragraph, "harm to  an  identifi-
    24  able person or property" shall include but not be limited to theft of or
    25  damage to property. However, based upon a review of the facts alleged in
    26  the  accusatory  instrument,  if the court determines that such theft is
    27  negligible and does not appear to be in furtherance  of  other  criminal
    28  activity, the principal shall be released on his or her own recognizance
    29  or under appropriate non-monetary conditions; [or]
    30    (xxi)  criminal  possession of a weapon in the third degree as defined
    31  in subdivision three of section 265.02 of the penal law or criminal sale
    32  of a firearm to a minor as  defined  in  section  265.16  of  the  penal
    33  law[.]; or
    34    (xxii)  a hate crime as defined in article four hundred eighty-five of
    35  the penal law.
    36    § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
    37  criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
    38  added by section 4 of subpart B of part UU of chapter 56 of the laws  of
    39  2022, are amended and a new subdivision (v) is added to read as follows:
    40    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    41  able person or property, or any  charge  of  criminal  possession  of  a
    42  firearm  as  defined  in  section  265.01-b of the penal law, where such
    43  charge arose from conduct occurring while the defendant was released  on
    44  his or her own recognizance, released under conditions, or had yet to be
    45  arraigned  after the issuance of a desk appearance ticket for a separate
    46  felony or class A misdemeanor involving harm to an  identifiable  person
    47  or  property,  or  any  charge  of  criminal  possession of a firearm as
    48  defined in section 265.01-b of the penal law,  provided,  however,  that
    49  the  prosecutor must show reasonable cause to believe that the defendant
    50  committed the instant crime and any underlying crime. For  the  purposes
    51  of  this subparagraph, any of the underlying crimes need not be a quali-
    52  fying offense as defined in this subdivision. For the purposes  of  this
    53  paragraph,  "harm  to  an identifiable person or property" shall include
    54  but not be limited to theft of or damage  to  property.  However,  based
    55  upon  a review of the facts alleged in the accusatory instrument, if the
    56  court determines that such theft is negligible and does not appear to be
        S. 4665                             3

     1  in furtherance of  other  criminal  activity,  the  principal  shall  be
     2  released  on  his or her own recognizance or under appropriate non-mone-
     3  tary conditions; [or]
     4    (u)  criminal possession of a weapon in the third degree as defined in
     5  subdivision three of section 265.02 of the penal law or criminal sale of
     6  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
     7  or
     8     (v)  a  hate  crime as defined in article four hundred eighty-five of
     9  the penal law.
    10    § 4. This act shall take effect immediately.