STATE OF NEW YORK ________________________________________________________________________ 9426--A IN ASSEMBLY March 14, 2024 ___________ Introduced by M. of A. DURSO -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to concealment and/or mutila- tion of a human corpse; and to amend the criminal procedure law, in relation to authorizing bail for principals charged with concealment and/or mutilation of a human corpse The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 195.02 of the penal law, as added by chapter 242 of 2 the laws of 2015, is amended to read as follows: 3 § 195.02 Concealment and/or mutilation of a human corpse. 4 A person is guilty of concealment and/or mutilation of a human corpse 5 when[, having a reasonable expectation that a human corpse or a part 6 thereof will be produced for or used as physical evidence in: (a) an 7 official proceeding; (b) an autopsy as part of a criminal investigation; 8 or (c) an examination by law enforcement personnel as part of a criminal 9 investigation;] such person, alone or in concert with another, conceals, 10 alters, mutilates and/or destroys such corpse or part thereof [with the 11 intent to prevent its production, use or discovery]. The provisions of 12 this section shall not apply to an individual or entity authorized to 13 accept an anatomical gift pursuant to section forty-three hundred two of 14 the public health law or to the lawful activities of a funeral director, 15 undertaker or embalmer under article thirty-four of the public health 16 law. 17 Concealment and/or mutilation of a human corpse is a class E felony. 18 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 19 criminal procedure law, paragraph (t) as amended and paragraph (u) as 20 added by section 2 of subpart B of part UU of chapter 56 of the laws of 21 2022, are amended and a new paragraph (v) is added to read as follows: 22 (t) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, or any charge of criminal possession of a 24 firearm as defined in section 265.01-b of the penal law, where such 25 charge arose from conduct occurring while the defendant was released on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14809-04-4
A. 9426--A 2 1 [his or her] such defendant's own recognizance, released under condi- 2 tions, or had yet to be arraigned after the issuance of a desk appear- 3 ance ticket for a separate felony or class A misdemeanor involving harm 4 to an identifiable person or property, or any charge of criminal 5 possession of a firearm as defined in section 265.01-b of the penal law, 6 provided, however, that the prosecutor must show reasonable cause to 7 believe that the defendant committed the instant crime and any underly- 8 ing crime. For the purposes of this subparagraph, any of the underlying 9 crimes need not be a qualifying offense as defined in this subdivision. 10 For the purposes of this paragraph, "harm to an identifiable person or 11 property" shall include but not be limited to theft of or damage to 12 property. However, based upon a review of the facts alleged in the accu- 13 satory instrument, if the court determines that such theft is negligible 14 and does not appear to be in furtherance of other criminal activity, the 15 principal shall be released on [his or her] such principal's own recog- 16 nizance or under appropriate non-monetary conditions; [or] 17 (u) criminal possession of a weapon in the third degree as defined in 18 subdivision three of section 265.02 of the penal law or criminal sale of 19 a firearm to a minor as defined in section 265.16 of the penal law[.]; 20 or 21 (v) the concealment and/or mutilation of a human corpse pursuant to 22 section 195.02 of the penal law. 23 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 24 section 530.20 of the criminal procedure law, subparagraph (xx) as 25 amended and subparagraph (xxi) as added by section 4 of subpart C of 26 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 27 agraph (xxii) is added to read as follows: 28 (xx) any felony or class A misdemeanor involving harm to an identifi- 29 able person or property, or any charge of criminal possession of a 30 firearm as defined in section 265.01-b of the penal law where such 31 charge arose from conduct occurring while the defendant was released on 32 [his or her] such defendant's own recognizance, released under condi- 33 tions, or had yet to be arraigned after the issuance of a desk appear- 34 ance ticket for a separate felony or class A misdemeanor involving harm 35 to an identifiable person or property, provided, however, that the 36 prosecutor must show reasonable cause to believe that the defendant 37 committed the instant crime and any underlying crime. For the purposes 38 of this subparagraph, any of the underlying crimes need not be a quali- 39 fying offense as defined in this subdivision. For the purposes of this 40 paragraph, "harm to an identifiable person or property" shall include 41 but not be limited to theft of or damage to property. However, based 42 upon a review of the facts alleged in the accusatory instrument, if the 43 court determines that such theft is negligible and does not appear to be 44 in furtherance of other criminal activity, the principal shall be 45 released on [his or her] such principal's own recognizance or under 46 appropriate non-monetary conditions; [or] 47 (xxi) criminal possession of a weapon in the third degree as defined 48 in subdivision three of section 265.02 of the penal law or criminal sale 49 of a firearm to a minor as defined in section 265.16 of the penal 50 law[.]; or 51 (xxii) the concealment and/or mutilation of a human corpse pursuant 52 to section 195.02 of the penal law. 53 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 54 criminal procedure law, paragraph (t) as amended and paragraph (u) as 55 added by section 4 of subpart B of part UU of chapter 56 of the laws of 56 2022, are amended and a new paragraph (v) is added to read as follows:
A. 9426--A 3 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 [his or her] such defendant's own recognizance, released under condi- 6 tions, or had yet to be arraigned after the issuance of a desk appear- 7 ance ticket for a separate felony or class A misdemeanor involving harm 8 to an identifiable person or property, or any charge of criminal 9 possession of a firearm as defined in section 265.01-b of the penal law, 10 provided, however, that the prosecutor must show reasonable cause to 11 believe that the defendant committed the instant crime and any underly- 12 ing crime. For the purposes of this subparagraph, any of the underlying 13 crimes need not be a qualifying offense as defined in this subdivision. 14 For the purposes of this paragraph, "harm to an identifiable person or 15 property" shall include but not be limited to theft of or damage to 16 property. However, based upon a review of the facts alleged in the accu- 17 satory instrument, if the court determines that such theft is negligible 18 and does not appear to be in furtherance of other criminal activity, the 19 principal shall be released on [his or her] such principal's own recog- 20 nizance or under appropriate non-monetary conditions; [or] 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law[.]; 24 or 25 (v) the concealment and/or mutilation of a human corpse pursuant to 26 section 195.02 of the penal law. 27 § 5. This act shall take effect immediately.