STATE OF NEW YORK ________________________________________________________________________

6839

2019-2020 Regular Sessions

IN SENATE

November 8, 2019 ___________

Introduced by Sens. SERINO, GALLIVAN -- 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 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 (h) and (i) of subdi- 2 vision 4 of section 510.10 of the criminal procedure law, as added by 3 section 2 of part JJJ of chapter 59 of the laws of 2019, are amended and 4 a new paragraph (j) is added to read as follows: 5 Where the principal stands charged with a qualifying offense, the 6 court, unless otherwise prohibited by law, may in its discretion release 7 the principal pending trial on the principal's own recognizance or under 8 non-monetary conditions, fix bail, or, where the defendant is charged 9 with a qualifying offense [which is a felony], the court may commit the 10 principal to the custody of the sheriff. A principal stands charged with 11 a qualifying offense for the purposes of this subdivision when he or she 12 stands charged with: 13 (h) criminal contempt in the second degree as defined in subdivision 14 three of section 215.50 of the penal law, criminal contempt in the first 15 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 16 the penal law or aggravated criminal contempt as defined in section 17 215.52 of the penal law, and the underlying allegation of such charge of 18 criminal contempt in the second degree, criminal contempt in the first 19 degree or aggravated criminal contempt is that the defendant violated a 20 duly served order of protection where the protected party is a member of 21 the defendant's same family or household as defined in subdivision one 22 of section 530.11 of this article; [or] 23 (i) facilitating a sexual performance by a child with a controlled 24 substance or alcohol as defined in section 263.30 of the penal law, use

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14055-04-9

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1 of a child in a sexual performance as defined in section 263.05 of the 2 penal law or luring a child as defined in subdivision one of section 3 120.70 of the penal law[.]; or 4 (j) any of the following aggravated family offenses as defined in 5 section 240.75 of the penal law where the principal and the person 6 against whom the offense was committed were members of the same family 7 or household as defined in subdivision one of section 530.11; an offense 8 defined in section 120.00 (assault in the third degree); section 120.13 9 (menacing in the first degree); section 120.14 (menacing in the second 10 degree); section 120.15 (menacing in the third degree); section 120.20 11 (reckless endangerment in the second degree); section 120.45 (stalking 12 in the fourth degree); section 120.50 (stalking in the third degree); 13 section 120.55 (stalking in the second degree); section 121.11 (criminal 14 obstruction of breathing or blood circulation); subdivision one of 15 section 125.15 (manslaughter in the second degree); section 135.05 16 (unlawful imprisonment in the second degree); section 135.10 (unlawful 17 imprisonment in the first degree); section 135.60 (coercion in the third 18 degree); section 135.61 (coercion in the second degree); section 135.65 19 (coercion in the first degree); section 140.20 (burglary in the third 20 degree); section 140.25 (burglary in the second degree); section 145.00 21 (criminal mischief in the fourth degree); section 145.05 (criminal 22 mischief in the third degree); section 145.10 (criminal mischief in the 23 second degree); section 145.12 (criminal mischief in the first degree); 24 section 145.14 (criminal tampering in the third degree); section 240.25 25 (harassment in the first degree); subdivision one, two or four of 26 section 240.30 (aggravated harassment in the second degree); or any 27 attempt or conspiracy to commit any of the foregoing offenses. 28 § 2. The opening subparagraph and subparagraphs (viii) and (ix) of 29 paragraph (b) of subdivision 1 of section 530.20 of the criminal proce- 30 dure law, as added by section 16 of part JJJ of chapter 59 of the laws 31 of 2019, are amended and a new subparagraph (x) 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 (viii) criminal contempt in the second degree as defined in subdivi- 43 sion three of section 215.50 of the penal law, criminal contempt in the 44 first degree as defined in subdivision (b), (c) or (d) of section 215.51 45 of the penal law or aggravated criminal contempt as defined in section 46 215.52 of the penal law, and the underlying allegation of such charge of 47 criminal contempt in the second degree, criminal contempt in the first 48 degree or aggravated criminal contempt is that the defendant violated a 49 duly served order of protection where the protected party is a member of 50 the defendant's same family or household as defined in subdivision one 51 of section 530.11 of this article; [or] 52 (ix) facilitating a sexual performance by a child with a controlled 53 substance or alcohol as defined in section 263.30 of the penal law, use 54 of a child in a sexual performance as defined in section 263.05 of the 55 penal law or luring a child as defined in subdivision one of section 56 120.70 of the penal law[.]; or

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1 (x) any of the following aggravated family offenses as defined in 2 section 240.75 of the penal law where the principal and the person 3 against whom the offense was committed were members of the same family 4 or household as defined in subdivision one of section 530.11; an offense 5 defined in section 120.00 (assault in the third degree); section 120.13 6 (menacing in the first degree); section 120.14 (menacing in the second 7 degree); section 120.15 (menacing in the third degree); section 120.20 8 (reckless endangerment in the second degree); section 120.45 (stalking 9 in the fourth degree); section 120.50 (stalking in the third degree); 10 section 120.55 (stalking in the second degree); section 121.11 (criminal 11 obstruction of breathing or blood circulation); subdivision one of 12 section 125.15 (manslaughter in the second degree); section 135.05 13 (unlawful imprisonment in the second degree); section 135.10 (unlawful 14 imprisonment in the first degree); section 135.60 (coercion in the third 15 degree); section 135.61 (coercion in the second degree); section 135.65 16 (coercion in the first degree); section 140.20 (burglary in the third 17 degree); section 140.25 (burglary in the second degree); section 145.00 18 (criminal mischief in the fourth degree); section 145.05 (criminal 19 mischief in the third degree); section 145.10 (criminal mischief in the 20 second degree); section 145.12 (criminal mischief in the first degree); 21 section 145.14 (criminal tampering in the third degree); section 240.25 22 (harassment in the first degree); subdivision one, two or four of 23 section 240.30 (aggravated harassment in the second degree); or any 24 attempt or conspiracy to commit any of the foregoing offenses. 25 § 3. The opening paragraph and paragraphs (h) and (i) of subdivision 4 26 of section 530.40 of the criminal procedure law, as added by section 18 27 of part JJJ of chapter 59 of the laws of 2019, are amended and a new 28 paragraph (j) is added to read as follows: 29 Where the principal stands charged with a qualifying offense, the 30 court, unless otherwise prohibited by law, may in its discretion release 31 the principal pending trial on the principal's own recognizance or under 32 non-monetary conditions, fix bail, or, where the defendant is charged 33 with a qualifying offense [which is a felony], the court may commit the 34 principal to the custody of the sheriff. The court shall explain its 35 choice of release, release with conditions, bail or remand on the record 36 or in writing. A principal stands charged with a qualifying offense for 37 the purposes of this subdivision when he or she stands charged with: 38 (h) criminal contempt in the second degree as defined in subdivision 39 three of section 215.50 of the penal law, criminal contempt in the first 40 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 41 the penal law or aggravated criminal contempt as defined in section 42 215.52 of the penal law, and the underlying allegation of such charge of 43 criminal contempt in the second degree, criminal contempt in the first 44 degree or aggravated criminal contempt is that the defendant violated a 45 duly served order of protection where the protected party is a member of 46 the defendant's same family or household as defined in subdivision one 47 of section 530.11 of this article; [or] 48 (i) facilitating a sexual performance by a child with a controlled 49 substance or alcohol as defined in section 263.30 of the penal law, use 50 of a child in a sexual performance as defined in section 263.05 of the 51 penal law or luring a child as defined in subdivision one of section 52 120.70 of the penal law[.]; or 53 (j) any of the following aggravated family offenses as defined in 54 section 240.75 of the penal law where the principal and the person 55 against whom the offense was committed were members of the same family 56 or household as defined in subdivision one of section 530.11; an offense

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1 defined in section 120.00 (assault in the third degree); section 120.13 2 (menacing in the first degree); section 120.14 (menacing in the second 3 degree); section 120.15 (menacing in the third degree); section 120.20 4 (reckless endangerment in the second degree); section 120.45 (stalking 5 in the fourth degree); section 120.50 (stalking in the third degree); 6 section 120.55 (stalking in the second degree); section 121.11 (criminal 7 obstruction of breathing or blood circulation); subdivision one of 8 section 125.15 (manslaughter in the second degree); section 135.05 9 (unlawful imprisonment in the second degree); section 135.10 (unlawful 10 imprisonment in the first degree); section 135.60 (coercion in the third 11 degree); section 135.61 (coercion in the second degree); section 135.65 12 (coercion in the first degree); section 140.20 (burglary in the third 13 degree); section 140.25 (burglary in the second degree); section 145.00 14 (criminal mischief in the fourth degree); section 145.05 (criminal 15 mischief in the third degree); section 145.10 (criminal mischief in the 16 second degree); section 145.12 (criminal mischief in the first degree); 17 section 145.14 (criminal tampering in the third degree); section 240.25 18 (harassment in the first degree); subdivision one, two or four of 19 section 240.30 (aggravated harassment in the second degree); or any 20 attempt or conspiracy to commit any of the foregoing offenses. 21 § 4. This act shall take effect on the first of November next succeed- 22 ing the date upon which it shall have become a law, provided, however, 23 that if part JJJ of chapter 59 of the laws of 2019 shall not have taken 24 effect on or before such date then this act shall take effect on the 25 same date and in the same manner as part JJJ of chapter 59 of the laws 26 of 2019 takes effect.