Bill Text: NY S07446 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes crimes committed by members of street gangs or a criminal enterprise to be eligible for bail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S07446 Detail]
Download: New_York-2021-S07446-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7446 2021-2022 Regular Sessions IN SENATE October 18, 2021 ___________ Introduced by Sen. SERINO -- 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 authorizing crimes committed by members of street gangs or a criminal enterprise to be eligible for bail 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 a new paragraph (u) is added 4 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] paragraph, any of the underlying crimes 16 need not be a qualifying offense as defined in this subdivision[.]; or 17 (u) any misdemeanor or felony offense and there is reasonable cause to 18 believe the principal is associated with a criminal street gang, as 19 defined in section 10-170 of the administrative code of the city of New 20 York or a criminal enterprise, as defined in section 460.10 of the penal 21 law and there is reasonable cause to believe the offense is connected to 22 criminal street gang or criminal enterprise activity. 23 § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 24 section 530.20 of the criminal procedure law, as amended by section 3 of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13374-01-1S. 7446 2 1 part UU of chapter 56 of the laws of 2020, are amended and a new subpar- 2 agraph (xxi) is added to read as follows: 3 (xix) a felony, where the defendant qualifies for sentencing on such 4 charge as a persistent felony offender pursuant to section 70.10 of the 5 penal law; [or] 6 (xx) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, where such charge arose from conduct occurring 8 while the defendant was released on his or her own recognizance or 9 released under conditions for a separate felony or class A misdemeanor 10 involving harm to an identifiable person or property, provided, however, 11 that the prosecutor must show reasonable cause to believe that the 12 defendant committed the instant crime and any underlying crime. For the 13 purposes of this subparagraph, any of the underlying crimes need not be 14 a qualifying offense as defined in this [subdivision.] paragraph; or 15 (xxi) any misdemeanor or felony offense and there is reasonable cause 16 to believe the principal is associated with a criminal street gang, as 17 defined in section 10-170 of the administrative code of the city of New 18 York or a criminal enterprise, as defined in section 460.10 of the penal 19 law and there is reasonable cause to believe the offense is connected to 20 criminal street gang or criminal enterprise activity. 21 § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 22 criminal procedure law, as added by section 4 of part UU of chapter 56 23 of the laws of 2020, are amended and a new subdivision (u) is added to 24 read as follows: 25 (s) a felony, where the defendant qualifies for sentencing on such 26 charge as a persistent felony offender pursuant to section 70.10 of the 27 penal law; [or] 28 (t) any felony or class A misdemeanor involving harm to an identifi- 29 able person or property, where such charge arose from conduct occurring 30 while the defendant was released on his or her own recognizance or 31 released under conditions for a separate felony or class A misdemeanor 32 involving harm to an identifiable person or property, provided, however, 33 that the prosecutor must show reasonable cause to believe that the 34 defendant committed the instant crime and any underlying crime. For the 35 purposes of this [subparagraph] paragraph, any of the underlying crimes 36 need not be a qualifying offense as defined in this subdivision[.]; or 37 (u) any misdemeanor or felony offense and there is reasonable cause to 38 believe the principal is associated with a criminal street gang, as 39 defined in section 10-170 of the administrative code of the city of New 40 York or a criminal enterprise, as defined in section 460.10 of the penal 41 law and there is reasonable cause to believe the offense is connected to 42 criminal street gang or criminal enterprise activity. 43 § 4. This act shall take effect immediately.
