STATE OF NEW YORK ________________________________________________________________________ 4484 2023-2024 Regular Sessions IN SENATE February 9, 2023 ___________ Introduced by Sens. GALLIVAN, BORRELLO, HELMING, O'MARA, ORTT, STEC, TEDISCO -- 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 adding certain offenses committed by a family member to the list of crimes qualifying for bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (t) and (u) of subdi- 2 vision 4 of section 510.10 of the criminal procedure law, the opening 3 paragraph as amended by section 2 of part UU of chapter 56 of the laws 4 of 2020, paragraph (t) as amended and paragraph (u) as added by section 5 2 of subpart B of part UU of chapter 56 of the laws of 2022, are amended 6 and a new paragraph (v) is added to read as follows: 7 Where the principal stands charged with a qualifying offense, the 8 court, unless otherwise prohibited by law, may in its discretion release 9 the principal pending trial on the principal's own recognizance or under 10 non-monetary conditions, fix bail, or, where the defendant is charged 11 with a qualifying offense [which is a felony], the court may commit the 12 principal to the custody of the sheriff. A principal stands charged with 13 a qualifying offense for the purposes of this subdivision when he or she 14 stands charged with: 15 (t) any felony or class A misdemeanor involving harm to an identifi- 16 able person or property, or any charge of criminal possession of a 17 firearm as defined in section 265.01-b of the penal law, where such 18 charge arose from conduct occurring while the defendant was released on 19 his or her own recognizance, released under conditions, or had yet to be 20 arraigned after the issuance of a desk appearance ticket for a separate 21 felony or class A misdemeanor involving harm to an identifiable person 22 or property, or any charge of criminal possession of a firearm as 23 defined in section 265.01-b of the penal law, provided, however, that 24 the prosecutor must show reasonable cause to believe that the defendant 25 committed the instant crime and any underlying crime. For the purposes 26 of this subparagraph, any of the underlying crimes need not be a quali- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06340-01-3
S. 4484 2 1 fying offense as defined in this subdivision. For the purposes of this 2 paragraph, "harm to an identifiable person or property" shall include 3 but not be limited to theft of or damage to property. However, based 4 upon a review of the facts alleged in the accusatory instrument, if the 5 court determines that such theft is negligible and does not appear to be 6 in furtherance of other criminal activity, the principal shall be 7 released on his or her own recognizance or under appropriate non-mone- 8 tary conditions; [or] 9 (u) criminal possession of a weapon in the third degree as defined in 10 subdivision three of section 265.02 of the penal law or criminal sale of 11 a firearm to a minor as defined in section 265.16 of the penal law[.]; 12 or 13 (v) any of the following aggravated family offenses as defined in 14 section 240.75 of the penal law where the principal and the person 15 against whom the offense was committed were members of the same family 16 or household as defined in subdivision one of section 530.11; an offense 17 defined in section 120.00 (assault in the third degree); section 120.13 18 (menacing in the first degree); section 120.14 (menacing in the second 19 degree); section 120.15 (menacing in the third degree); section 120.20 20 (reckless endangerment in the second degree); section 120.45 (stalking 21 in the fourth degree); section 120.50 (stalking in the third degree); 22 section 120.55 (stalking in the second degree); section 121.11 (criminal 23 obstruction of breathing or blood circulation); subdivision one of 24 section 125.15 (manslaughter in the second degree); section 135.05 25 (unlawful imprisonment in the second degree); section 135.10 (unlawful 26 imprisonment in the first degree); section 135.60 (coercion in the third 27 degree); section 135.61 (coercion in the second degree); section 135.65 28 (coercion in the first degree); section 140.20 (burglary in the third 29 degree); section 140.25 (burglary in the second degree); section 145.00 30 (criminal mischief in the fourth degree); section 145.05 (criminal 31 mischief in the third degree); section 145.10 (criminal mischief in the 32 second degree); section 145.12 (criminal mischief in the first degree); 33 section 145.14 (criminal tampering in the third degree); section 240.25 34 (harassment in the first degree); subdivision one, two or four of 35 section 240.30 (aggravated harassment in the second degree) of the penal 36 law; or any attempt or conspiracy to commit any of the foregoing 37 offenses. 38 § 2. The opening paragraph and subparagraphs (xx) and (xxi) of para- 39 graph (b) of subdivision 1 of section 530.20 of the criminal procedure 40 law, the opening paragraph as amended by section 3 of part UU of chapter 41 56 of the laws of 2020, paragraph (xx) as amended and paragraph (xxi) as 42 added by section 4 of subpart C of part UU of chapter 56 of the laws of 43 2022, are amended and a new subparagraph (xxii) is added to read as 44 follows: 45 Where the principal stands charged with a qualifying offense, the 46 court, unless otherwise prohibited by law, may in its discretion release 47 the principal pending trial on the principal's own recognizance or under 48 non-monetary conditions, fix bail, or, where the defendant is charged 49 with a qualifying offense [which is a felony], the court may commit the 50 principal to the custody of the sheriff. The court shall explain its 51 choice of release, release with conditions, bail or remand on the record 52 or in writing. A principal stands charged with a qualifying offense when 53 he or she stands charged with: 54 (xx) any felony or class A misdemeanor involving harm to an identifi- 55 able person or property, or any charge of criminal possession of a 56 firearm as defined in section 265.01-b of the penal law where such
S. 4484 3 1 charge arose from conduct occurring while the defendant was released on 2 his or her own recognizance, released under conditions, or had yet to be 3 arraigned after the issuance of a desk appearance ticket for a separate 4 felony or class A misdemeanor involving harm to an identifiable person 5 or property, provided, however, that the prosecutor must show reasonable 6 cause to believe that the defendant committed the instant crime and any 7 underlying crime. For the purposes of this subparagraph, any of the 8 underlying crimes need not be a qualifying offense as defined in this 9 subdivision. For the purposes of this paragraph, "harm to an identifi- 10 able person or property" shall include but not be limited to theft of or 11 damage to property. However, based upon a review of the facts alleged in 12 the accusatory instrument, if the court determines that such theft is 13 negligible and does not appear to be in furtherance of other criminal 14 activity, the principal shall be released on his or her own recognizance 15 or under appropriate non-monetary conditions; [or] 16 (xxi) criminal possession of a weapon in the third degree as defined 17 in subdivision three of section 265.02 of the penal law or criminal sale 18 of a firearm to a minor as defined in section 265.16 of the penal 19 law[.]; or 20 (xxi) any of the following aggravated family offenses as defined in 21 section 240.75 of the penal law where the principal and the person 22 against whom the offense was committed were members of the same family 23 or household as defined in subdivision one of section 530.11; an offense 24 defined in section 120.00 (assault in the third degree); section 120.13 25 (menacing in the first degree); section 120.14 (menacing in the second 26 degree); section 120.15 (menacing in the third degree); section 120.20 27 (reckless endangerment in the second degree); section 120.45 (stalking 28 in the fourth degree); section 120.50 (stalking in the third degree); 29 section 120.55 (stalking in the second degree); section 121.11 (criminal 30 obstruction of breathing or blood circulation); subdivision one of 31 section 125.15 (manslaughter in the second degree); section 135.05 32 (unlawful imprisonment in the second degree); section 135.10 (unlawful 33 imprisonment in the first degree); section 135.60 (coercion in the third 34 degree); section 135.61 (coercion in the second degree); section 135.65 35 (coercion in the first degree); section 140.20 (burglary in the third 36 degree); section 140.25 (burglary in the second degree); section 145.00 37 (criminal mischief in the fourth degree); section 145.05 (criminal 38 mischief in the third degree); section 145.10 (criminal mischief in the 39 second degree); section 145.12 (criminal mischief in the first degree); 40 section 145.14 (criminal tampering in the third degree); section 240.25 41 (harassment in the first degree); subdivision one, two or four of 42 section 240.30 (aggravated harassment in the second degree) of the penal 43 law; or any attempt or conspiracy to commit any of the foregoing 44 offenses. 45 § 3. The opening paragraph and paragraphs (t) and (u) of subdivision 4 46 of section 530.40 of the criminal procedure law, the opening paragraph 47 as amended by section 4 of part UU of chapter 56 of the laws of 2020, 48 paragraph (t) as amended and paragraph (u) as added by section 4 of 49 subpart B of part UU of chapter 56 of the laws of 2022, are amended and 50 a new paragraph (v) is added to read as follows: 51 Where the principal stands charged with a qualifying offense, the 52 court, unless otherwise prohibited by law, may in its discretion release 53 the principal pending trial on the principal's own recognizance or under 54 non-monetary conditions, fix bail, or, where the defendant is charged 55 with a qualifying offense [which is a felony], the court may commit the 56 principal to the custody of the sheriff. The court shall explain its
S. 4484 4 1 choice of release, release with conditions, bail or remand on the record 2 or in writing. A principal stands charged with a qualifying offense for 3 the purposes of this subdivision when he or she stands charged with: 4 (t) any felony or class A misdemeanor involving harm to an identifi- 5 able person or property, or any charge of criminal possession of a 6 firearm as defined in section 265.01-b of the penal law, where such 7 charge arose from conduct occurring while the defendant was released on 8 his or her own recognizance, released under conditions, or had yet to be 9 arraigned after the issuance of a desk appearance ticket for a separate 10 felony or class A misdemeanor involving harm to an identifiable person 11 or property, or any charge of criminal possession of a firearm as 12 defined in section 265.01-b of the penal law, provided, however, that 13 the prosecutor must show reasonable cause to believe that the defendant 14 committed the instant crime and any underlying crime. For the purposes 15 of this subparagraph, any of the underlying crimes need not be a quali- 16 fying offense as defined in this subdivision. For the purposes of this 17 paragraph, "harm to an identifiable person or property" shall include 18 but not be limited to theft of or damage to property. However, based 19 upon a review of the facts alleged in the accusatory instrument, if the 20 court determines that such theft is negligible and does not appear to be 21 in furtherance of other criminal activity, the principal shall be 22 released on his or her own recognizance or under appropriate non-mone- 23 tary conditions; [or] 24 (u) criminal possession of a weapon in the third degree as defined in 25 subdivision three of section 265.02 of the penal law or criminal sale of 26 a firearm to a minor as defined in section 265.16 of the penal law[.]; 27 or 28 (v) any of the following aggravated family offenses as defined in 29 section 240.75 of the penal law where the principal and the person 30 against whom the offense was committed were members of the same family 31 or household as defined in subdivision one of section 530.11; an offense 32 defined in section 120.00 (assault in the third degree); section 120.13 33 (menacing in the first degree); section 120.14 (menacing in the second 34 degree); section 120.15 (menacing in the third degree); section 120.20 35 (reckless endangerment in the second degree); section 120.45 (stalking 36 in the fourth degree); section 120.50 (stalking in the third degree); 37 section 120.55 (stalking in the second degree); section 121.11 (criminal 38 obstruction of breathing or blood circulation); subdivision one of 39 section 125.15 (manslaughter in the second degree); section 135.05 40 (unlawful imprisonment in the second degree); section 135.10 (unlawful 41 imprisonment in the first degree); section 135.60 (coercion in the third 42 degree); section 135.61 (coercion in the second degree); section 135.65 43 (coercion in the first degree); section 140.20 (burglary in the third 44 degree); section 140.25 (burglary in the second degree); section 145.00 45 (criminal mischief in the fourth degree); section 145.05 (criminal 46 mischief in the third degree); section 145.10 (criminal mischief in the 47 second degree); section 145.12 (criminal mischief in the first degree); 48 section 145.14 (criminal tampering in the third degree); section 240.25 49 (harassment in the first degree); subdivision one, two or four of 50 section 240.30 (aggravated harassment in the second degree) of the penal 51 law; or any attempt or conspiracy to commit any of the foregoing 52 offenses. 53 § 4. This act shall take effect on the first of November next succeed- 54 ing the date upon which it shall have become a law.