STATE OF NEW YORK
        ________________________________________________________________________

                                          7078

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 10, 2023
                                       ___________

        Introduced  by  M.  of A. ZEBROWSKI, WOERNER, FAHY, WALLACE -- read once
          and referred to the Committee on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  including
          certain  offenses involving situations where a person physically harms
          another or engages in conduct that results in an unacceptable level of
          danger as qualifying offenses for the purpose of allowing a  principal
          to  be eligible to be held on bail; and to require the Office of Court
          Administration to establish  an electronic tracking system maintaining
          a record of all bail decisions and to deliver a report to the legisla-
          ture

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraphs  (a),  (m),  (t)  and  (u) of subdivision 4 of
     2  section 510.10 of the criminal procedure law, paragraph (a)  as  amended
     3  and  paragraph (m) as added by section 2 of part UU of chapter 56 of the
     4  laws of 2020, and paragraph (t) as amended and paragraph (u) as added by
     5  section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
     6  amended and seven new paragraphs (v), (w), (x), (y), (z), (aa) and  (bb)
     7  are added to read as follows:
     8    (a) a felony enumerated in section 70.02 of the penal law[, other than
     9  robbery  in  the  second degree as defined in subdivision one of section
    10  160.10 of the penal law, provided, however, that burglary in the  second
    11  degree  as defined in subdivision two of section 140.25 of the penal law
    12  shall be a qualifying offense only where the defendant is  charged  with
    13  entering the living area of the dwelling];
    14    (m)  assault  in  the third degree as defined in section 120.00 of the
    15  penal law [or arson in the third degree as defined in section 150.10  of
    16  the penal law], when such crime is charged as a hate crime as defined in
    17  section 485.05 of the penal law;
    18    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    19  able person or property, or any  charge  of  criminal  possession  of  a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10672-02-3

        A. 7078                             2

     1  firearm  as  defined  in  section 265.01-b of the penal law[, where such
     2  charge arose from conduct occurring while the defendant was released  on
     3  his or her own recognizance, released under conditions, or had yet to be
     4  arraigned  after the issuance of a desk appearance ticket for a separate
     5  felony or class A misdemeanor involving harm to an  identifiable  person
     6  or  property,  or  any  charge  of  criminal  possession of a firearm as
     7  defined in section 265.01-b of the penal law,  provided,  however,  that
     8  the  prosecutor must show reasonable cause to believe that the defendant
     9  committed the instant crime and any underlying crime. For  the  purposes
    10  of  this subparagraph, any of the underlying crimes need not be a quali-
    11  fying offense as defined in this subdivision]. For the purposes of  this
    12  paragraph,  "harm  to  an identifiable person or property" shall include
    13  but not be limited to theft of or damage  to  property.  However,  based
    14  upon  a review of the facts alleged in the accusatory instrument, if the
    15  court determines that such theft is negligible and does not appear to be
    16  in furtherance of  other  criminal  activity,  the  principal  shall  be
    17  released  on  his or her own recognizance or under appropriate non-mone-
    18  tary conditions; [or]
    19    (u) criminal possession of a weapon in the third degree as defined  in
    20  subdivision three of section 265.02 of the penal law or criminal sale of
    21  a firearm to a minor as defined in section 265.16 of the penal law[.];
    22    (v)  assault  in  the third degree as defined in section 120.00 of the
    23  penal law; reckless assault of a child by a child day care  provider  as
    24  defined  in  section  120.01  of the penal law; vehicular assault in the
    25  second degree as defined in section 120.03 of the penal law; menacing in
    26  the first degree as defined in section 120.13 of the penal law; menacing
    27  in the second degree as defined in section  120.14  of  the  penal  law;
    28  menacing  in  the third degree as defined in section 120.15 of the penal
    29  law; reckless endangerment in the second degree as  defined  in  section
    30  120.20  of  the  penal law; reckless endangerment in the first degree as
    31  defined in section 120.25 of the penal law; stalking in the third degree
    32  as defined in section 120.50 of the penal law; or stalking in the second
    33  degree as defined in section 120.55 of the penal law;
    34    (w) unlawful imprisonment in the second degree as defined  in  section
    35  135.05 of the penal law;
    36    (x)  burglary  in the third degree as defined in section 140.20 of the
    37  penal law;
    38    (y) arson in the fifth degree as defined in section 150.01;  arson  in
    39  the  fourth  degree  as  defined  in section 150.05 of the penal law; or
    40  arson in the third degree as defined in section   150.10 of the    penal
    41  law;
    42    (z)  public  lewdness in the first degree as defined in section 245.03
    43  of the penal law;
    44    (aa) criminal  possession  of  a  rapid-fire  modification  device  as
    45  defined  in  section 265.01-c of the penal law; criminal possession of a
    46  weapon in a restricted location as defined in  section 265.01-d  of  the
    47  penal  law;  criminal  possession  of  a  firearm, rifle or shotgun in a
    48  sensitive location as defined in section 265.01-e of the  penal  law;  a
    49  violation of manufacture, transport, disposition and defacement of weap-
    50  ons  and  dangerous instruments and appliances as defined in subdivision
    51  five of section 265.10 of the penal law; prohibited use  of  weapons  as
    52  defined  in  subdivision  three  of  section 265.35 of the penal law; or
    53  unlawful possession of certain ammunition feeding devices as defined  in
    54  section 265.37 of the penal law; or
    55    (bb) unlawful fleeing a police officer in a motor vehicle in the third
    56  degree as defined in section 270.25 of the penal law.

        A. 7078                             3

     1    §  2.  Subparagraphs  (i),  (xiii), (xx) and (xxi) of paragraph (b) of
     2  subdivision 1 of section 530.20 of the criminal procedure law,  subpara-
     3  graphs  (i)  and (xiii) as amended by section 3 of part UU of chapter 56
     4  of the laws of 2020, and subparagraph (xx) as amended  and  subparagraph
     5  (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
     6  laws  of  2022, are amended and seven new subparagraphs (xxii), (xxiii),
     7  (xxiv), (xxv), (xxvi),  (xxvii)  and  (xxviii)  are  added  to  read  as
     8  follows:
     9    (i) a felony enumerated in section 70.02 of the penal law[, other than
    10  robbery  in  the  second degree as defined in subdivision one of section
    11  160.10 of the penal law, provided, however, that burglary in the  second
    12  degree  as defined in subdivision two of section 140.25 of the penal law
    13  shall be a qualifying offense only where the defendant is  charged  with
    14  entering the living area of the dwelling];
    15    (xiii) assault in the third degree as defined in section 120.00 of the
    16  penal  law [or arson in the third degree as defined in section 150.10 of
    17  the penal law], when such crime is charged as a hate crime as defined in
    18  section 485.05 of the penal law;
    19    (xx) any felony or class A misdemeanor involving harm to an  identifi-
    20  able  person  or  property,  or  any  charge of criminal possession of a
    21  firearm as defined in section 265.01-b of  the  penal  law  [where  such
    22  charge  arose from conduct occurring while the defendant was released on
    23  his or her own recognizance, released under conditions, or had yet to be
    24  arraigned after the issuance of a desk appearance ticket for a  separate
    25  felony  or  class A misdemeanor involving harm to an identifiable person
    26  or property, provided, however, that the prosecutor must show reasonable
    27  cause to believe that the defendant committed the instant crime and  any
    28  underlying  crime.  For  the  purposes  of this subparagraph, any of the
    29  underlying crimes need not be a qualifying offense as  defined  in  this
    30  subdivision].  For the purposes of this paragraph, "harm to an identifi-
    31  able person or property" shall include but not be limited to theft of or
    32  damage to property. However, based upon a review of the facts alleged in
    33  the accusatory instrument, if the court determines that  such  theft  is
    34  negligible  and  does  not appear to be in furtherance of other criminal
    35  activity, the principal shall be released on his or her own recognizance
    36  or under appropriate non-monetary conditions; [or]
    37    (xxi) criminal possession of a weapon in the third degree  as  defined
    38  in subdivision three of section 265.02 of the penal law or criminal sale
    39  of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
    40  law[.];
    41    (xxii) assault in the third degree as defined in section 120.00 of the
    42  penal law; reckless assault of a child by a child day care  provider  as
    43  defined  in  section  120.01  of the penal law; vehicular assault in the
    44  second degree as defined in section 120.03 of the penal law; menacing in
    45  the first degree as defined in section 120.13 of the penal law; menacing
    46  in the second degree as defined in section  120.14  of  the  penal  law;
    47  menacing  in  the third degree as defined in section 120.15 of the penal
    48  law; reckless endangerment in the second degree as  defined  in  section
    49  120.20  of  the  penal law; reckless endangerment in the first degree as
    50  defined in section 120.25 of the penal law; stalking in the third degree
    51  as defined in section 120.50 of the penal law; or stalking in the second
    52  degree as defined in section 120.55 of the penal law;
    53    (xxiii) unlawful imprisonment in  the  second  degree  as  defined  in
    54  section 135.05 of the penal law;
    55    (xxiv)  burglary  in  the third degree as defined in section 140.20 of
    56  the penal law;

        A. 7078                             4

     1    (xxv) arson in the fifth degree as defined in section 150.01; arson in
     2  the fourth degree as defined in section 150.05  of  the  penal  law;  or
     3  arson  in  the  third degree as defined in section  150.10 of the  penal
     4  law;
     5    (xxvi)  public  lewdness  in  the  first  degree as defined in section
     6  245.03 of the penal law;
     7    (xxvii) criminal possession of a  rapid-fire  modification  device  as
     8  defined  in  section 265.01-c of the penal law; criminal possession of a
     9  weapon in a restricted location as defined in  section 265.01-d  of  the
    10  penal  law;  criminal  possession  of  a  firearm, rifle or shotgun in a
    11  sensitive location as defined in section 265.01-e of the  penal  law;  a
    12  violation of manufacture, transport, disposition and defacement of weap-
    13  ons  and  dangerous instruments and appliances as defined in subdivision
    14  five of section 265.10 of the penal law; prohibited use  of  weapons  as
    15  defined  in  subdivision  three  of  section 265.35 of the penal law; or
    16  unlawful possession of certain ammunition feeding devices as defined  in
    17  section 265.37 of the penal law; or
    18    (xxviii)  unlawful  fleeing a police officer in a motor vehicle in the
    19  third degree as defined in section 270.25 of the penal law.
    20    § 3. Paragraphs (a), (m), (t) and (u)  of  subdivision  4  of  section
    21  530.40 of the criminal procedure law, paragraph (a) as amended and para-
    22  graph  (m) as added by section 4 of part UU of chapter 56 of the laws of
    23  2020, and paragraph (t) as amended and paragraph (u) as added by section
    24  4 of subpart B of part UU of chapter 56 of the laws of 2022 are  amended
    25  and  seven  new  paragraphs  (v),  (w), (x), (y), (z), (aa) and (bb) are
    26  added to read as follows:
    27    (a) a felony enumerated in section 70.02 of the penal law[, other than
    28  robbery in the second degree as defined in subdivision  one  of  section
    29  160.10  of the penal law, provided, however, that burglary in the second
    30  degree as defined in subdivision two of section 140.25 of the penal  law
    31  shall  be  a qualifying offense only where the defendant is charged with
    32  entering the living area of the dwelling];
    33    (m) assault in the third degree as defined in section  120.00  of  the
    34  penal  law [or arson in the third degree as defined in section 150.10 of
    35  the penal law], when such crime is charged as a hate crime as defined in
    36  section 485.05 of the penal law;
    37    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    38  able  person  or  property,  or  any  charge of criminal possession of a
    39  firearm as defined in section 265.01-b of the  penal  law[,  where  such
    40  charge  arose from conduct occurring while the defendant was released on
    41  his or her own recognizance, released under conditions, or had yet to be
    42  arraigned after the issuance of a desk appearance ticket for a  separate
    43  felony  or  class A misdemeanor involving harm to an identifiable person
    44  or property, or any charge  of  criminal  possession  of  a  firearm  as
    45  defined  in  section  265.01-b of the penal law, provided, however, that
    46  the prosecutor must show reasonable cause to believe that the  defendant
    47  committed  the  instant crime and any underlying crime. For the purposes
    48  of this subparagraph, any of the underlying crimes need not be a  quali-
    49  fying  offense as defined in this subdivision]. For the purposes of this
    50  paragraph, "harm to an identifiable person or  property"  shall  include
    51  but  not  be  limited  to theft of or damage to property. However, based
    52  upon a review of the facts alleged in the accusatory instrument, if  the
    53  court determines that such theft is negligible and does not appear to be
    54  in  furtherance  of  other  criminal  activity,  the  principal shall be
    55  released on his or her own recognizance or under  appropriate  non-mone-
    56  tary conditions; [or]

        A. 7078                             5

     1    (u)  criminal possession of a weapon in the third degree as defined in
     2  subdivision three of section 265.02 of the penal law or criminal sale of
     3  a firearm to a minor as defined in section 265.16 of the penal law[.];
     4    (v)  assault  in  the third degree as defined in section 120.00 of the
     5  penal law; reckless assault of a child by a child day care  provider  as
     6  defined  in  section  120.01  of the penal law; vehicular assault in the
     7  second degree as defined in section 120.03 of the penal law; menacing in
     8  the first degree as defined in section 120.13 of the penal law; menacing
     9  in the second degree as defined in section  120.14  of  the  penal  law;
    10  menacing  in  the third degree as defined in section 120.15 of the penal
    11  law; reckless endangerment in the second degree as  defined  in  section
    12  120.20  of  the  penal law; reckless endangerment in the first degree as
    13  defined in section 120.25 of the penal law; stalking in the third degree
    14  as defined in section 120.50 of the penal law; or stalking in the second
    15  degree as defined in section 120.55 of the penal law;
    16    (w) unlawful imprisonment in the second degree as defined  in  section
    17  135.05 of the penal law;
    18    (x)  burglary  in the third degree as defined in section 140.20 of the
    19  penal law;
    20    (y) arson in the fifth degree as defined in section 150.01;  arson  in
    21  the  fourth  degree  as  defined  in section 150.05 of the penal law; or
    22  arson in the third degree as defined in section   150.10 of the    penal
    23  law;
    24    (z)  public  lewdness in the first degree as defined in section 245.03
    25  of the penal law;
    26    (aa) criminal  possession  of  a  rapid-fire  modification  device  as
    27  defined  in  section 265.01-c of the penal law; criminal possession of a
    28  weapon in a restricted location as defined in  section 265.01-d  of  the
    29  penal  law;  criminal  possession  of  a  firearm, rifle or shotgun in a
    30  sensitive location as defined in section 265.01-e of the  penal  law;  a
    31  violation of manufacture, transport, disposition and defacement of weap-
    32  ons  and  dangerous instruments and appliances as defined in subdivision
    33  five of section 265.10 of the penal law; prohibited use  of  weapons  as
    34  defined  in  subdivision  three  of  section 265.35 of the penal law; or
    35  unlawful possession of certain ammunition feeding devices as defined  in
    36  section 265.37 of the penal law; or
    37    (bb) unlawful fleeing a police officer in a motor vehicle in the third
    38  degree as defined in section 270.25 of the penal law.
    39    §  4.  The Office of Court Administration, in conjunction with the New
    40  York State Division of Criminal Justice Services, shall manage an  elec-
    41  tronic  tracking  system  maintaining  a record of all bail decisions of
    42  judges in this state, specifying by court, the number of cases in  which
    43  bail  was  granted,  in  which  bail was denied and in which no bail was
    44  required. If bail was granted, the average amount of bail required shall
    45  be specified.  On or before July 31st of each year, the Office of  Court
    46  Administration  shall prepare a report detailing the record of cases and
    47  deliver such report to the Speaker of the  Assembly  and  the  Temporary
    48  President of the Senate.
    49    §  5.  This  act  shall take effect on the sixtieth day after it shall
    50  have become a law; provided that section four of  this  act  shall  take
    51  effect  one year after it shall have become a law.  Effective immediate-
    52  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    53  necessary  for  the implementation of this act on its effective date are
    54  authorized to be made and completed on or before such effective date.