STATE OF NEW YORK
        ________________________________________________________________________

                                           505

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  PALUMBO, CANZONERI-FITZPATRICK, MARTINS, MATTERA,
          MURRAY, RHOADS -- read twice and ordered printed, and when printed  to
          be committed to the Committee on Codes

        AN ACT to amend the penal law, in relation to concealment and/or mutila-
          tion  of  a  human corpse; and to amend the criminal procedure law, in
          relation  to  authorizing bail for principals charged with concealment
          and/or mutilation 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. Section 195.02 of the penal law, as added by chapter 242 of
     2  the laws of 2015, is amended to read as follows:
     3  § 195.02 Concealment and/or mutilation of a human corpse.
     4    A  person is guilty of concealment and/or mutilation of a human corpse
     5  when[, having a reasonable expectation that a human  corpse  or  a  part
     6  thereof  will  be  produced  for or used as physical evidence in: (a) an
     7  official proceeding; (b) an autopsy as part of a criminal investigation;
     8  or (c) an examination by law enforcement personnel as part of a criminal
     9  investigation;] such person, alone or in concert with another, conceals,
    10  alters, mutilates and/or destroys such corpse or part thereof [with  the
    11  intent  to  prevent its production, use or discovery]. The provisions of
    12  this section shall not apply to an  individual or entity  authorized  to
    13  accept an anatomical gift pursuant to section forty-three hundred two of
    14  the public health law or to the lawful activities of a funeral director,
    15  undertaker  or embalmer   under article thirty-four of the public health
    16  law.
    17    Concealment and/or mutilation of a human corpse is a class E felony.
    18    § 2.  Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
    19  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
    20  added  by section 2 of subpart B of part UU of chapter 56 of the laws of
    21  2022, are amended and a new paragraph (v) is added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02153-01-5

        S. 505                              2

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

        S. 505                              3

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