Bill Text: NY S07205 | 2019-2020 | 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 13-0)

Status: (Introduced - Dead) 2020-01-10 - REFERRED TO CODES [S07205 Detail]

Download: New_York-2019-S07205-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7205

                    IN SENATE

                                    January 10, 2020
                                       ___________

        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 (h) and (i) of subdivision 4 of  section  510.10
     2  of  the  criminal  procedure  law,  as added by section 2 of part JJJ of
     3  chapter 59 of the laws of 2019, are amended and a new paragraph  (j)  is
     4  added to read as follows:
     5    (h)  criminal  contempt in the second degree as defined in subdivision
     6  three of section 215.50 of the penal law, criminal contempt in the first
     7  degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
     8  the  penal  law  or  aggravated  criminal contempt as defined in section
     9  215.52 of the penal law, and the underlying allegation of such charge of
    10  criminal contempt in the second degree, criminal contempt in  the  first
    11  degree  or aggravated criminal contempt is that the defendant violated a
    12  duly served order of protection where the protected party is a member of
    13  the defendant's same family or household as defined in  subdivision  one
    14  of section 530.11 of this [article; or] title;
    15    (i)  facilitating  a  sexual  performance by a child with a controlled
    16  substance or alcohol as defined in section 263.30 of the penal law,  use
    17  of  a  child in a sexual performance as defined in section 263.05 of the
    18  penal law or luring a child as defined in  subdivision  one  of  section
    19  120.70 of the penal law[.]; or
    20    (j)  any  other felony offense and the principal has been convicted of
    21  one or more felony offenses within the immediate preceding ten years.
    22    § 2. Subparagraphs (viii) and (ix) of paragraph (b) of  subdivision  1
    23  of  section 530.20 of the criminal procedure law, as added by section 16
    24  of part JJJ of chapter 59 of the laws of 2019, are  amended  and  a  new
    25  subparagraph (x) is added to read as follows:
    26    (viii)  criminal  contempt in the second degree as defined in subdivi-
    27  sion three of section 215.50 of the penal law, criminal contempt in  the
    28  first degree as defined in subdivision (b), (c) or (d) of section 215.51

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14704-01-0
        S. 7205                             2

     1  of  the  penal law or aggravated criminal contempt as defined in section
     2  215.52 of the penal law, and the underlying allegation of such charge of
     3  criminal contempt in the second degree, criminal contempt in  the  first
     4  degree  or aggravated criminal contempt is that the defendant violated a
     5  duly served order of protection where the protected party is a member of
     6  the defendant's same family or household as defined in  subdivision  one
     7  of section 530.11 of this article; [or]
     8    (ix)  facilitating  a  sexual performance by a child with a controlled
     9  substance or alcohol as defined in section 263.30 of the penal law,  use
    10  of  a  child in a sexual performance as defined in section 263.05 of the
    11  penal law or luring a child as defined in  subdivision  one  of  section
    12  120.70 of the penal law[.]; or
    13    (x)  any  other felony offense and the principal has been convicted of
    14  one or more felony offenses within the immediate preceding ten years.
    15    § 3. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of  the
    16  criminal procedure law, as added by section 18 of part JJJ of chapter 59
    17  of  the  laws  of  2019, are amended and a new paragraph (j) is added to
    18  read as follows:
    19    (h) criminal contempt in the second degree as defined  in  subdivision
    20  three of section 215.50 of the penal law, criminal contempt in the first
    21  degree  as  defined  in subdivision (b), (c) or (d) of section 215.51 of
    22  the penal law or aggravated criminal  contempt  as  defined  in  section
    23  215.52 of the penal law, and the underlying allegation of such charge of
    24  criminal  contempt  in the second degree, criminal contempt in the first
    25  degree or aggravated criminal contempt is that the defendant violated  a
    26  duly served order of protection where the protected party is a member of
    27  the  defendant's  same family or household as defined in subdivision one
    28  of section 530.11 of this article; [or]
    29    (i) facilitating a sexual performance by a  child  with  a  controlled
    30  substance  or alcohol as defined in section 263.30 of the penal law, use
    31  of a child in a sexual performance as defined in section 263.05  of  the
    32  penal  law  or  luring  a child as defined in subdivision one of section
    33  120.70 of the penal law[.]; or
    34    (j) any other felony offense and the principal has been  convicted  of
    35  one or more felony offenses within the immediate preceding ten years.
    36    § 4. This act shall take effect immediately.