Bill Text: NY A02616 | 2021-2022 | General Assembly | Introduced
Bill Title: Adds certain offenses committed by a family member to the list of crimes qualifying for bail.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02616 Detail]
Download: New_York-2021-A02616-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2616 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. WOERNER, WALLACE, BUTTENSCHON, STERN -- read once and referred 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 (s) and (t) of subdi- 2 vision 4 of section 510.10 of the criminal procedure law, the opening 3 paragraph as amended and paragraphs (s) and (t) as added by section 2 of 4 part UU of chapter 56 of the laws of 2020, are amended and a new para- 5 graph (u) is added to read as follows: 6 Where the principal stands charged with a qualifying offense, the 7 court, unless otherwise prohibited by law, may in its discretion release 8 the principal pending trial on the principal's own recognizance or under 9 non-monetary conditions, fix bail, or, where the defendant is charged 10 with a qualifying offense [which is a felony], the court may commit the 11 principal to the custody of the sheriff. A principal stands charged with 12 a qualifying offense for the purposes of this subdivision when he or she 13 stands charged with: 14 (s) a felony, where the defendant qualifies for sentencing on such 15 charge as a persistent felony offender pursuant to section 70.10 of the 16 penal law; [or] 17 (t) any felony or class A misdemeanor involving harm to an identifi- 18 able person or property, where such charge arose from conduct occurring 19 while the defendant was released on his or her own recognizance or 20 released under conditions for a separate felony or class A misdemeanor 21 involving harm to an identifiable person or property, provided, however, 22 that the prosecutor must show reasonable cause to believe that the 23 defendant committed the instant crime and any underlying crime. For the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01292-01-1A. 2616 2 1 purposes of this [subparagraph] paragraph, any of the underlying crimes 2 need not be a qualifying offense as defined in this subdivision[.];or 3 (u) any of the following aggravated family offenses as defined in 4 section 240.75 of the penal law where the principal and the person 5 against whom the offense was committed were members of the same family 6 or household as defined in subdivision one of section 530.11; an offense 7 defined in section 120.00 (assault in the third degree); section 120.13 8 (menacing in the first degree); section 120.14 (menacing in the second 9 degree); section 120.15 (menacing in the third degree); section 120.20 10 (reckless endangerment in the second degree); section 120.45 (stalking 11 in the fourth degree); section 120.50 (stalking in the third degree); 12 section 120.55 (stalking in the second degree); section 121.11 (criminal 13 obstruction of breathing or blood circulation); subdivision one of 14 section 125.15 (manslaughter in the second degree); section 135.05 15 (unlawful imprisonment in the second degree); section 135.10 (unlawful 16 imprisonment in the first degree); section 135.60 (coercion in the third 17 degree); section 135.61 (coercion in the second degree); section 135.65 18 (coercion in the first degree); section 140.20 (burglary in the third 19 degree); section 140.25 (burglary in the second degree); section 145.00 20 (criminal mischief in the fourth degree); section 145.05 (criminal 21 mischief in the third degree); section 145.10 (criminal mischief in the 22 second degree); section 145.12 (criminal mischief in the first degree); 23 section 145.14 (criminal tampering in the third degree); section 240.25 24 (harassment in the first degree); subdivision one, two or four of 25 section 240.30 (aggravated harassment in the second degree) of the penal 26 law; or any attempt or conspiracy to commit any of the foregoing 27 offenses. 28 § 2. The opening paragraph and subparagraphs (xix) and (xx) of para- 29 graph (b) of subdivision 1 of section 530.20 of the criminal procedure 30 law, as amended by section 3 of part UU of chapter 56 of the laws of 31 2020, are amended and a new subparagraph (xxi) is added to read as 32 follows: 33 Where the principal stands charged with a qualifying offense, the 34 court, unless otherwise prohibited by law, may in its discretion release 35 the principal pending trial on the principal's own recognizance or under 36 non-monetary conditions, fix bail, or, where the defendant is charged 37 with a qualifying offense [which is a felony], the court may commit the 38 principal to the custody of the sheriff. The court shall explain its 39 choice of release, release with conditions, bail or remand on the record 40 or in writing. A principal stands charged with a qualifying offense when 41 he or she stands charged with: 42 (xix) a felony, where the defendant qualifies for sentencing on such 43 charge as a persistent felony offender pursuant to section 70.10 of the 44 penal law; [or] 45 (xx) any felony or class A misdemeanor involving harm to an identifi- 46 able person or property, where such charge arose from conduct occurring 47 while the defendant was released on his or her own recognizance or 48 released under conditions for a separate felony or class A misdemeanor 49 involving harm to an identifiable person or property, provided, however, 50 that the prosecutor must show reasonable cause to believe that the 51 defendant committed the instant crime and any underlying crime. For the 52 purposes of this subparagraph, any of the underlying crimes need not be 53 a qualifying offense as defined in this subdivision[.];or 54 (xxi) any of the following aggravated family offenses as defined in 55 section 240.75 of the penal law where the principal and the person 56 against whom the offense was committed were members of the same familyA. 2616 3 1 or household as defined in subdivision one of section 530.11; an offense 2 defined in section 120.00 (assault in the third degree); section 120.13 3 (menacing in the first degree); section 120.14 (menacing in the second 4 degree); section 120.15 (menacing in the third degree); section 120.20 5 (reckless endangerment in the second degree); section 120.45 (stalking 6 in the fourth degree); section 120.50 (stalking in the third degree); 7 section 120.55 (stalking in the second degree); section 121.11 (criminal 8 obstruction of breathing or blood circulation); subdivision one of 9 section 125.15 (manslaughter in the second degree); section 135.05 10 (unlawful imprisonment in the second degree); section 135.10 (unlawful 11 imprisonment in the first degree); section 135.60 (coercion in the third 12 degree); section 135.61 (coercion in the second degree); section 135.65 13 (coercion in the first degree); section 140.20 (burglary in the third 14 degree); section 140.25 (burglary in the second degree); section 145.00 15 (criminal mischief in the fourth degree); section 145.05 (criminal 16 mischief in the third degree); section 145.10 (criminal mischief in the 17 second degree); section 145.12 (criminal mischief in the first degree); 18 section 145.14 (criminal tampering in the third degree); section 240.25 19 (harassment in the first degree); subdivision one, two or four of 20 section 240.30 (aggravated harassment in the second degree) of the penal 21 law; or any attempt or conspiracy to commit any of the foregoing 22 offenses. 23 § 3. The opening paragraph and paragraphs (s) and (t) of subdivision 4 24 of section 530.40 of the criminal procedure law, the opening paragraph 25 as amended and paragraphs (s) and (t) as added by section 4 of part UU 26 of chapter 56 of the laws of 2020, are amended and a new paragraph (u) 27 is added to read as follows: 28 Where the principal stands charged with a qualifying offense, the 29 court, unless otherwise prohibited by law, may in its discretion release 30 the principal pending trial on the principal's own recognizance or under 31 non-monetary conditions, fix bail, or, where the defendant is charged 32 with a qualifying offense [which is a felony], the court may commit the 33 principal to the custody of the sheriff. The court shall explain its 34 choice of release, release with conditions, bail or remand on the record 35 or in writing. A principal stands charged with a qualifying offense for 36 the purposes of this subdivision when he or she stands charged with: 37 (s) a felony, where the defendant qualifies for sentencing on such 38 charge as a persistent felony offender pursuant to section 70.10 of the 39 penal law; [or] 40 (t) any felony or class A misdemeanor involving harm to an identifi- 41 able person or property, where such charge arose from conduct occurring 42 while the defendant was released on his or her own recognizance or 43 released under conditions for a separate felony or class A misdemeanor 44 involving harm to an identifiable person or property, provided, however, 45 that the prosecutor must show reasonable cause to believe that the 46 defendant committed the instant crime and any underlying crime. For the 47 purposes of this subparagraph, any of the underlying crimes need not be 48 a qualifying offense as defined in this subdivision[.]; 49 (u) any of the following aggravated family offenses as defined in 50 section 240.75 of the penal law where the principal and the person 51 against whom the offense was committed were members of the same family 52 or household as defined in subdivision one of section 530.11; an offense 53 defined in section 120.00 (assault in the third degree); section 120.13 54 (menacing in the first degree); section 120.14 (menacing in the second 55 degree); section 120.15 (menacing in the third degree); section 120.20 56 (reckless endangerment in the second degree); section 120.45 (stalkingA. 2616 4 1 in the fourth degree); section 120.50 (stalking in the third degree); 2 section 120.55 (stalking in the second degree); section 121.11 (criminal 3 obstruction of breathing or blood circulation); subdivision one of 4 section 125.15 (manslaughter in the second degree); section 135.05 5 (unlawful imprisonment in the second degree); section 135.10 (unlawful 6 imprisonment in the first degree); section 135.60 (coercion in the third 7 degree); section 135.61 (coercion in the second degree); section 135.65 8 (coercion in the first degree); section 140.20 (burglary in the third 9 degree); section 140.25 (burglary in the second degree); section 145.00 10 (criminal mischief in the fourth degree); section 145.05 (criminal 11 mischief in the third degree); section 145.10 (criminal mischief in the 12 second degree); section 145.12 (criminal mischief in the first degree); 13 section 145.14 (criminal tampering in the third degree); section 240.25 14 (harassment in the first degree); subdivision one, two or four of 15 section 240.30 (aggravated harassment in the second degree) of the penal 16 law; or any attempt or conspiracy to commit any of the foregoing 17 offenses. 18 § 4. This act shall take effect on the first of November next succeed- 19 ing the date upon which it shall have become a law.
