Bill Text: NY S06407 | 2019-2020 | General Assembly | Amended

---

Bill Title: Relates to qualifying offenses for pre-trial detention.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-01-10 - PRINT NUMBER 6407C [S06407 Detail]

Download: New_York-2019-S06407-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         6407--C

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by  Sens. GAUGHRAN, MARTINEZ, BROOKS, KAPLAN, THOMAS, HARCK-
          HAM, SAVINO -- read twice and ordered printed, and when printed to  be
          committed  to  the  Committee  on  Rules -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to amend the criminal procedure law, in  relation  to  qualifying
          offenses for 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 (a), (d), (e), (f), (g), (h) and (i) of subdivi-
     2  sion 4 of section 510.10 of the criminal  procedure  law,  as  added  by
     3  section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and
     4  seven new paragraphs (d-1), (j), (k), (l), (m), (n) and (o) are added to
     5  read as follows:
     6    (a) a felony enumerated in section 70.02 of the penal law, [other than
     7  burglary  in  the second degree as defined in subdivision two of section
     8  140.25 of the penal law or robbery in the second degree  as  defined  in
     9  subdivision one of section 160.10 of the penal law] assault in the third
    10  degree  as  defined in section 120.00 of the penal law, reckless assault
    11  of a child by a child day care provider as defined in section 120.01  of
    12  the  penal  law,  aggravated  vehicular  assault  as  defined in section
    13  120.04-a of the penal law, aggravated assault upon a  person  less  than
    14  eleven years old as defined in section 120.12 of the penal law, stalking
    15  in  the  fourth  degree  as  defined in section 120.45 of the penal law,
    16  stalking in the third degree as defined in section 120.50 of  the  penal
    17  law,  stalking  in the second degree as defined in section 120.55 of the
    18  penal law, stalking in the first degree as defined in section 120.60  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13220-14-0
        S. 6407--C                          2

     1  the  penal  law,  criminally  negligent  homicide  as defined in section
     2  125.10 of the penal law, vehicular manslaughter in the second degree  as
     3  defined  in  section  125.12 of the penal law, vehicular manslaughter in
     4  the  first  degree as defined by section 125.13 of the penal law, aggra-
     5  vated vehicular homicide as defined in section 125.14 of the penal  law,
     6  manslaughter  in  the  second degree as defined in section 125.15 of the
     7  penal law, unlawful imprisonment in  the  first  degree  as  defined  in
     8  section 135.10 of the penal law, coercion in the first degree as defined
     9  in  section  135.65  of  the  penal law, burglary in the third degree as
    10  defined in section 140.20 of the penal law, arson in the  fourth  degree
    11  as defined in section 150.05 of the penal law, arson in the third degree
    12  as  defined  in  section  150.10  of the penal law, grand larceny in the
    13  first degree as defined in section 155.42 of the penal law,  robbery  in
    14  the third degree as defined in section 160.05 of the penal law, criminal
    15  possession  of a weapon on school grounds as defined in section 265.01-a
    16  of the penal law, or criminal possession of  a  firearm  as  defined  in
    17  section 265.01-b of the penal law;
    18    (d)  a  class A felony defined in the penal law, other than in article
    19  two hundred twenty of such law with the exception of [section]  sections
    20  220.18, 220.21, 220.41, 220.43, 220.44 and 220.77 of such law;
    21    (d-1)  use  of  a  child  to  commit a controlled substance offense as
    22  defined in section 220.28 of the  penal  law  and  criminal  sale  of  a
    23  controlled  substance  to  a  child  as defined in section 220.48 of the
    24  penal law;
    25    (e) a felony sex offense defined in section 70.80 of the penal law  or
    26  a  crime involving incest as defined in section 255.25, 255.26 or 255.27
    27  of such law, promoting prostitution in the first degree  as  defined  in
    28  section  230.32  of the penal law, compelling prostitution as defined in
    29  section 230.33 of the penal law or a misdemeanor defined in article  one
    30  hundred thirty of such law;
    31    (f)  conspiracy  in  the second degree as defined in section 105.15 of
    32  the penal law, where the underlying allegation of such  charge  is  that
    33  the  defendant  conspired  to commit a class A felony defined in article
    34  one hundred twenty-five of the penal law, criminal solicitation  in  the
    35  first  degree  as defined in section 100.13 of the penal law or criminal
    36  facilitation in the first degree as defined in  section  115.08  of  the
    37  penal law;
    38    (g)  money  laundering  in support of terrorism in the first degree as
    39  defined in section 470.24 of the penal law; money laundering in  support
    40  of  terrorism  in  the second degree as defined in section 470.23 of the
    41  penal law; money laundering in support of terrorism in the fourth degree
    42  as defined in section 470.21 of  the  penal  law,  money  laundering  in
    43  support of terrorism in the third degree as defined in section 470.22 of
    44  the penal law, or a felony crime of terrorism as defined in article four
    45  hundred  ninety  of  the  penal  law[,  other  than the crime defined in
    46  section 490.20 of such law];
    47    (h) criminal contempt in the second degree as defined  in  subdivision
    48  three of section 215.50 of the penal law, criminal contempt in the first
    49  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    50  the penal law or aggravated criminal  contempt  as  defined  in  section
    51  215.52 of the penal law, and the underlying allegation of such charge of
    52  criminal  contempt  in the second degree, criminal contempt in the first
    53  degree or aggravated criminal contempt is that the defendant violated  a
    54  duly served order of protection where the protected party is a member of
    55  the  defendant's  same family or household as defined in subdivision one
    56  of section 530.11 of this article; [or]
        S. 6407--C                          3

     1    (i) prostitution in a school zone as defined in section 230.03 of  the
     2  penal law, promoting prostitution in a school zone as defined in section
     3  230.19  of  the  penal law, facilitating a sexual performance by a child
     4  with a controlled substance or alcohol as defined in section  263.30  of
     5  the  penal  law,  use  of  a child in a sexual performance as defined in
     6  section 263.05 of the penal law, patronizing a person  for  prostitution
     7  in  a school zone as defined in section 230.08 of the penal law, promot-
     8  ing an obscene sexual performance by  a  child  as  defined  in  section
     9  263.10  of  the penal law, possessing an obscene sexual performance by a
    10  child as defined in section 263.11 of the penal law, promoting a  sexual
    11  performance  by  a  child as defined in section 263.15 of the penal law,
    12  possessing a sexual performance by a child as defined in section  263.16
    13  of  the  penal  law, failure to register as a sex offender as defined in
    14  section 168-t of the correction law or luring  a  child  as  defined  in
    15  subdivision one of section 120.70 of the penal law[.];
    16    (j)  obstructing  governmental  administration in the second degree as
    17  defined in section 195.05 of the penal law, killing or injuring a police
    18  animal as defined in section 195.06 of the penal law, killing  a  police
    19  work  dog  or  police  work  horse as defined in section 195.06-a of the
    20  penal law, obstructing governmental administration in the  first  degree
    21  as defined in section 195.07, obstructing governmental administration by
    22  means  of  a  self-defense  spray  device  as defined in section 195.08,
    23  bribery in the first degree as defined in section 200.04  of  the  penal
    24  law, bribe receiving in the first degree as defined in section 200.12 of
    25  the  penal  law,  bribe  giving  for public office as defined in section
    26  200.45 of the penal law,  promoting  prison  contraband  in  the  second
    27  degree  as  defined in section 205.20 of the penal law, promoting prison
    28  contraband in the first degree as defined in section 205.25 of the penal
    29  law, resisting arrest as defined in section 205.30  of  the  penal  law,
    30  hindering  prosecution  in the first degree as defined in section 205.65
    31  of the penal law, tampering with a juror in the first degree as  defined
    32  in  section  215.25 of the penal law or tampering with physical evidence
    33  as defined in section 215.40 of the penal law;
    34    (k) public sensibilities and the right to privacy including aggravated
    35  harassment in the first degree as defined in section 240.31 of the penal
    36  law or directing a laser at an aircraft in the first degree  as  defined
    37  in section 240.77 of the penal law;
    38    (l) criminal possession of a weapon in the fourth degree as defined in
    39  section  265.01  of the penal law, criminal sale of a firearm to a minor
    40  as defined in section 265.16 of the  penal  law,  criminal  purchase  or
    41  disposal  of  a weapon as defined in section 265.17 of the penal law, or
    42  aggravated criminal possession of a weapon as defined in section  265.19
    43  of the penal law;
    44    (m)  enterprise  corruption  as defined in section 460.20 of the penal
    45  law or money laundering in the first degree as defined in section 470.20
    46  of the penal law;
    47    (n) aggravated cruelty to animals as defined in section three  hundred
    48  fifty-three-a of the agriculture and markets law, overdriving, torturing
    49  and injuring animals, failure to provide proper sustenance as defined in
    50  section three hundred fifty-three of the agriculture and markets law, or
    51  animal  fighting  as  defined  in section three hundred fifty-one of the
    52  agriculture and markets law; or
    53    (o) a hate crime as defined in section 485.05 of the penal law.
    54    § 2. This act shall take effect immediately.