Bill Text: NY A09411 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes bail for principals charged with concealment of a human corpse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-14 - referred to codes [A09411 Detail]

Download: New_York-2023-A09411-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9411

                   IN ASSEMBLY

                                     March 14, 2024
                                       ___________

        Introduced  by M. of A. STERN -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law, in relation  to  authorizing
          bail for principals charged with concealment 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. Paragraphs (t) and (u) of subdivision 4 of  section  510.10
     2  of  the  criminal  procedure law, paragraph (t) as amended and paragraph
     3  (u) as added by section 2 of subpart B of part UU of chapter 56  of  the
     4  laws  of  2022,  are amended and a new paragraph (v) is added to read as
     5  follows:
     6    (t) any felony or class A misdemeanor involving harm to  an  identifi-
     7  able  person  or  property,  or  any  charge of criminal possession of a
     8  firearm as defined in section 265.01-b of  the  penal  law,  where  such
     9  charge  arose from conduct occurring while the defendant was released on
    10  [his or her] such defendant's own recognizance,  released  under  condi-
    11  tions,  or  had yet to be arraigned after the issuance of a desk appear-
    12  ance ticket for a separate felony or class A misdemeanor involving  harm
    13  to  an  identifiable  person  or  property,  or  any  charge of criminal
    14  possession of a firearm as defined in section 265.01-b of the penal law,
    15  provided, however, that the prosecutor must  show  reasonable  cause  to
    16  believe  that the defendant committed the instant crime and any underly-
    17  ing crime. For the purposes of this subparagraph, any of the  underlying
    18  crimes  need not be a qualifying offense as defined in this subdivision.
    19  For the purposes of this paragraph, "harm to an identifiable  person  or
    20  property"  shall  include  but  not  be limited to theft of or damage to
    21  property. However, based upon a review of the facts alleged in the accu-
    22  satory instrument, if the court determines that such theft is negligible
    23  and does not appear to be in furtherance of other criminal activity, the
    24  principal shall be released on [his or her] such principal's own  recog-
    25  nizance or under appropriate non-monetary conditions; [or]
    26    (u)  criminal possession of a weapon in the third degree as defined in
    27  subdivision three of section 265.02 of the penal law or criminal sale of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14812-01-4
        A. 9411                             2

     1  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
     2  or
     3    (v)  the  concealment  of a human corpse pursuant to section 195.02 of
     4  the penal law.
     5    § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
     6  section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
     7  amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
     8  part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
     9  agraph (xxii) is added to read as follows:
    10    (xx) any felony or class A misdemeanor involving harm to an  identifi-
    11  able  person  or  property,  or  any  charge of criminal possession of a
    12  firearm as defined in section 265.01-b  of  the  penal  law  where  such
    13  charge  arose from conduct occurring while the defendant was released on
    14  [his or her] such defendant's own recognizance,  released  under  condi-
    15  tions,  or  had yet to be arraigned after the issuance of a desk appear-
    16  ance ticket for a separate felony or class A misdemeanor involving  harm
    17  to  an  identifiable  person  or  property,  provided, however, that the
    18  prosecutor must show reasonable cause  to  believe  that  the  defendant
    19  committed  the  instant crime and any underlying crime. For the purposes
    20  of this subparagraph, any of the underlying crimes need not be a  quali-
    21  fying  offense  as defined in this subdivision. For the purposes of this
    22  paragraph, "harm to an identifiable person or  property"  shall  include
    23  but  not  be  limited  to theft of or damage to property. However, based
    24  upon a review of the facts alleged in the accusatory instrument, if  the
    25  court determines that such theft is negligible and does not appear to be
    26  in  furtherance  of  other  criminal  activity,  the  principal shall be
    27  released on [his or her] such  principal's  own  recognizance  or  under
    28  appropriate non-monetary conditions; [or]
    29    (xxi)  criminal  possession of a weapon in the third degree as defined
    30  in subdivision three of section 265.02 of the penal law or criminal sale
    31  of a firearm to a minor as  defined  in  section  265.16  of  the  penal
    32  law[.]; or
    33    (xxii)    the concealment of a human corpse pursuant to section 195.02
    34  of the penal law.
    35    § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
    36  criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
    37  added by section 4 of subpart B of part UU of chapter 56 of the laws  of
    38  2022, are amended and a new paragraph (v) is added to read as follows:
    39    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    40  able person or property, or any  charge  of  criminal  possession  of  a
    41  firearm  as  defined  in  section  265.01-b of the penal law, where such
    42  charge arose from conduct occurring while the defendant was released  on
    43  [his  or  her]  such defendant's own recognizance, released under condi-
    44  tions, or had yet to be arraigned after the issuance of a  desk  appear-
    45  ance  ticket for a separate felony or class A misdemeanor involving harm
    46  to an identifiable  person  or  property,  or  any  charge  of  criminal
    47  possession of a firearm as defined in section 265.01-b of the penal law,
    48  provided,  however,  that  the  prosecutor must show reasonable cause to
    49  believe that the defendant committed the instant crime and any  underly-
    50  ing  crime. For the purposes of this subparagraph, any of the underlying
    51  crimes need not be a qualifying offense as defined in this  subdivision.
    52  For  the  purposes of this paragraph, "harm to an identifiable person or
    53  property" shall include but not be limited to  theft  of  or  damage  to
    54  property. However, based upon a review of the facts alleged in the accu-
    55  satory instrument, if the court determines that such theft is negligible
    56  and does not appear to be in furtherance of other criminal activity, the
        A. 9411                             3

     1  principal  shall be released on [his or her] such principal's own recog-
     2  nizance or under appropriate non-monetary conditions; [or]
     3    (u)  criminal possession of a weapon in the third degree as defined in
     4  subdivision three of section 265.02 of the penal law or criminal sale of
     5  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
     6  or
     7    (v)  the  concealment  of a human corpse pursuant to section 195.02 of
     8  the penal law.
     9    § 4. This act shall take effect immediately.