Bill Text: NY S08665 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes courts to order remand or bail in sex trafficking and labor trafficking cases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-02 - REFERRED TO CODES [S08665 Detail]
Download: New_York-2019-S08665-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8665 IN SENATE July 2, 2020 ___________ Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to the applica- tion of bail in sex trafficking and labor trafficking cases 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 two new paragraphs (u) and 4 (v) are added 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[.]; 17 (u) a crime involving promoting prostitution under section 230.25, 18 230.30 or 230.32 of the penal law, compelling prostitution as defined in 19 section 230.33 of the penal law or sex trafficking as defined in section 20 230.34 of the penal law; or 21 (v) labor trafficking as defined in section 135.35 of the penal law or 22 aggravated labor trafficking as defined in section 135.37 of the penal 23 law. 24 § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 25 section 530.20 of the criminal procedure law, as amended by section 3 of 26 part UU of chapter 56 of the laws of 2020, are amended and two new 27 subparagraphs (xxi) and (xxii) are added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14907-02-0S. 8665 2 1 (xix) a felony, where the defendant qualifies for sentencing on such 2 charge as a persistent felony offender pursuant to section 70.10 of the 3 penal law; [or] 4 (xx) any felony or class A misdemeanor involving harm to an identifi- 5 able person or property, where such charge arose from conduct occurring 6 while the defendant was released on his or her own recognizance or 7 released under conditions for a separate felony or class A misdemeanor 8 involving harm to an identifiable person or property, provided, however, 9 that the prosecutor must show reasonable cause to believe that the 10 defendant committed the instant crime and any underlying crime. For the 11 purposes of this subparagraph, any of the underlying crimes need not be 12 a qualifying offense as defined in this subdivision[.]; 13 (xxi) a crime involving promoting prostitution under section 230.25, 14 230.30 or 230.32 of the penal law, compelling prostitution as defined in 15 section 230.33 of the penal law or sex trafficking as defined in section 16 230.34 of the penal law; or 17 (xxii) labor trafficking as defined in section 135.35 of the penal law 18 or aggravated labor trafficking as defined in section 135.37 of the 19 penal law. 20 § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 21 criminal procedure law, as added by section 4 of part UU of chapter 56 22 of the laws of 2020, are amended and two new paragraphs (u) and (v) are 23 added to read as follows: 24 (s) a felony, where the defendant qualifies for sentencing on such 25 charge as a persistent felony offender pursuant to section 70.10 of the 26 penal law; [or] 27 (t) any felony or class A misdemeanor involving harm to an identifi- 28 able person or property, where such charge arose from conduct occurring 29 while the defendant was released on his or her own recognizance or 30 released under conditions for a separate felony or class A misdemeanor 31 involving harm to an identifiable person or property, provided, however, 32 that the prosecutor must show reasonable cause to believe that the 33 defendant committed the instant crime and any underlying crime. For the 34 purposes of this subparagraph, any of the underlying crimes need not be 35 a qualifying offense as defined in this subdivision[.]; 36 (u) a crime involving promoting prostitution under section 230.25, 37 230.30 or 230.32 of the penal law, compelling prostitution as defined in 38 section 230.33 of the penal law or sex trafficking as defined in section 39 230.34 of the penal law; or 40 (v) labor trafficking as defined in section 135.35 of the penal law or 41 aggravated labor trafficking as defined in section 135.37 of the penal 42 law. 43 § 4. This act shall take effect on the sixtieth day after it shall 44 have become a law; provided, however, that if part UU of chapter 56 of 45 the laws of 2020 shall not have taken effect on or before such date then 46 this act shall take effect on the same date and in the same manner as 47 such part takes effect.