Bill Text: NY S07113 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes bail for certain harassment offenses which are, or are charged as, hate crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S07113 Detail]
Download: New_York-2021-S07113-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7113 2021-2022 Regular Sessions IN SENATE June 1, 2021 ___________ Introduced by Sen. GOUNARDES -- 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 securing orders for principals charged with certain hate crimes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (m) 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 (m) assault in the third degree as defined in section 120.00 of the 6 penal law [or], arson in the third degree as defined in section 150.10 7 of the penal law, harassment in the first degree as defined in section 8 240.25 of the penal law, or harassment in the second degree as defined 9 in section 240.26 of the penal law, when such crime is charged as a hate 10 crime as defined in section 485.05 of the penal law; 11 (t) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, where such charge arose from conduct occurring 13 while the defendant was released on his or her own recognizance or 14 released under conditions for a separate felony or class A misdemeanor 15 involving harm to an identifiable person or property, provided, however, 16 that the prosecutor must show reasonable cause to believe that the 17 defendant committed the instant crime and any underlying crime. For the 18 purposes of this subparagraph, any of the underlying crimes need not be 19 a qualifying offense as defined in this subdivision[.]; or 20 (u) aggravated harassment in the first degree as defined in section 21 240.31 of the penal law, or aggravated harassment in the second degree 22 as defined in subdivision three of section 240.30 of the penal law. 23 § 2. Subparagraphs (xiii) and (xx) of paragraph (b) of subdivision 1 24 of section 530.20 of the criminal procedure law, as amended by section 3 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11349-01-1S. 7113 2 1 of part UU of chapter 56 of the laws of 2020, are amended and a new 2 subparagraph (xxi) is added to read as follows: 3 (xiii) assault in the third degree as defined in section 120.00 of the 4 penal law [or], arson in the third degree as defined in section 150.10 5 of the penal law, harassment in the first degree as defined in section 6 240.25 of the penal law, or harassment in the second degree as defined 7 in section 240.26 of the penal law, when such crime is charged as a hate 8 crime as defined in section 485.05 of the penal law; 9 (xx) any felony or class A misdemeanor involving harm to an identifi- 10 able person or property, where such charge arose from conduct occurring 11 while the defendant was released on his or her own recognizance or 12 released under conditions for a separate felony or class A misdemeanor 13 involving harm to an identifiable person or property, provided, however, 14 that the prosecutor must show reasonable cause to believe that the 15 defendant committed the instant crime and any underlying crime. For the 16 purposes of this subparagraph, any of the underlying crimes need not be 17 a qualifying offense as defined in this subdivision[.]; or 18 (xxi) aggravated harassment in the first degree as defined in section 19 240.31 of the penal law, or aggravated harassment in the second degree 20 as defined in subdivision three of section 240.30 of the penal law. 21 § 3. Paragraphs (m) and (t) of subdivision 4 of section 530.40 of the 22 criminal procedure law, as added by section 4 of part UU of chapter 56 23 of the laws of 2020, are amended and a new paragraph (u) is added to 24 read as follows: 25 (m) assault in the third degree as defined in section 120.00 of the 26 penal law [or], arson in the third degree as defined in section 150.10 27 of the penal law, harassment in the first degree as defined in section 28 240.25 of the penal law, or harassment in the second degree as defined 29 in section 240.26 of the penal law, when such crime is charged as a hate 30 crime as defined in section 485.05 of the penal law; 31 (t) any felony or class A misdemeanor involving harm to an identifi- 32 able person or property, where such charge arose from conduct occurring 33 while the defendant was released on his or her own recognizance or 34 released under conditions for a separate felony or class A misdemeanor 35 involving harm to an identifiable person or property, provided, however, 36 that the prosecutor must show reasonable cause to believe that the 37 defendant committed the instant crime and any underlying crime. For the 38 purposes of this subparagraph, any of the underlying crimes need not be 39 a qualifying offense as defined in this subdivision[.]; or 40 (u) aggravated harassment in the first degree as defined in section 41 240.31 of the penal law, or aggravated harassment in the second degree 42 as defined in subdivision three of section 240.30 of the penal law. 43 § 4. This act shall take effect immediately.
