STATE OF NEW YORK
________________________________________________________________________
8283
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. BARCLAY, REILLY, JENSEN, E. BROWN, SIMPSON,
NORRIS, GANDOLFO, MANKTELOW, MILLER, GALLAHAN, BLUMENCRANZ, PALMESANO,
K. BROWN, GRAY, DURSO, PIROZZOLO, SLATER, BENDETT, NOVAKHOV, LEMONDES,
HAWLEY, DeSTEFANO, ANGELINO, TAGUE, BRABENEC, GOODELL, MORINELLO,
J. M. GIGLIO, WALSH, SMULLEN, BEEPHAN, BLANKENBUSH, BROOK-KRASNY,
McDONOUGH, MIKULIN, SMITH, BYRNES, RA, MAHER, CHANG, J. A. GIGLIO --
Multi-Sponsored by -- M. of A. FRIEND -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to including certain offenses in being eligible for bail,
making certain offenses eligible to be considered hate crimes, and
increasing the penalties for certain offenses
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraphs (g), (m), (t), and (u) of subdivision 4 of
2 section 510.10 of the criminal procedure law, paragraph (g) 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 a new paragraph (v) is added to read as follows:
7 (g) money laundering in support of terrorism in the first degree as
8 defined in section 470.24 of the penal law; money laundering in support
9 of terrorism in the second degree as defined in section 470.23 of the
10 penal law; money laundering in support of terrorism in the third degree
11 as defined in section 470.22 of the penal law; money laundering in
12 support of terrorism in the fourth degree as defined in section 470.21
13 of the penal law; [or] a felony crime of terrorism as defined in article
14 four hundred ninety of the penal law[, other than the crime defined in
15 section 490.20 of such law]; aggravated threat of mass harm as defined
16 in section 240.79 of the penal law; or making a threat of mass harm as
17 defined in section 240.78 of the penal law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13568-01-3
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1 (m) assault in the third degree as defined in section 120.00 of the
2 penal law [or]; arson in the third degree as defined in section 150.10
3 of the penal law[,]; aggravated harassment in the second degree as
4 defined in section 240.30; harassment in the first degree as defined in
5 section 240.25; menacing in the third degree as defined in section
6 120.15; menacing in the second degree as defined in section 120.14; or
7 menacing in the first degree as defined in section 120.13, when any such
8 crime is charged as a hate crime as defined in section 485.05 of the
9 penal law;
10 (t) 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 own recognizance, released under conditions, or had yet to be
15 arraigned after the issuance of a desk appearance ticket for a separate
16 felony or class A misdemeanor involving harm to an identifiable person
17 or property, or any charge of criminal possession of a firearm as
18 defined in section 265.01-b of the penal law, provided, however, that
19 the prosecutor must show reasonable cause to believe that the defendant
20 committed the instant crime and any underlying crime. For the purposes
21 of this subparagraph, any of the underlying crimes need not be a quali-
22 fying offense as defined in this subdivision. For the purposes of this
23 paragraph, "harm to an identifiable person or property" shall include
24 but not be limited to theft of or damage to property. However, based
25 upon a review of the facts alleged in the accusatory instrument, if the
26 court determines that such theft is negligible and does not appear to be
27 in furtherance of other criminal activity, the principal shall be
28 released on his or her own recognizance or under appropriate non-mone-
29 tary conditions; [or]
30 (u) criminal possession of a weapon in the third degree as defined in
31 subdivision three of section 265.02 of the penal law or criminal sale of
32 a firearm to a minor as defined in section 265.16 of the penal law[.];
33 or
34 (v) aggravated harassment in the first degree as defined in section
35 240.31 of the penal law.
36 § 2. Subparagraphs (vii), (xiii), (xx), and (xxi) of paragraph (b) of
37 subdivision 1 of section 530.20 of the criminal procedure law, subpara-
38 graphs (vii) and (xiii) as amended by section 3 of part UU of chapter 56
39 of the laws of 2020 and subparagraph (xx) as amended and subparagraph
40 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
41 laws of 2022, are amended and a new subparagraph (xxii) is added to read
42 as follows:
43 (vii) money laundering in support of terrorism in the first degree as
44 defined in section 470.24 of the penal law; money laundering in support
45 of terrorism in the second degree as defined in section 470.23 of the
46 penal law; money laundering in support of terrorism in the third degree
47 as defined in section 470.22 of the penal law; money laundering in
48 support of terrorism in the fourth degree as defined in section 470.21
49 of the penal law; [or] a felony crime of terrorism as defined in article
50 four hundred ninety of the penal law[, other than the crime defined in
51 section 490.20 of such law]; aggravated threat of mass harm as defined
52 in section 240.79 of the penal law; or making a threat of mass harm as
53 defined in section 240.78 of the penal law;
54 (xiii) assault in the third degree as defined in section 120.00 of the
55 penal law [or]; arson in the third degree as defined in section 150.10
56 of the penal law; aggravated harassment in the second degree as defined
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1 in section 240.30; harassment in the first degree as defined in section
2 240.25; menacing in the third degree as defined in section 120.15;
3 menacing in the second degree as defined in section 120.14; or menacing
4 in the first degree as defined in section 120.13, when any such crime is
5 charged as a hate crime as defined in section 485.05 of the penal law;
6 (xx) 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 own recognizance, released under conditions, or had yet to be
11 arraigned after the issuance of a desk appearance ticket for a separate
12 felony or class A misdemeanor involving harm to an identifiable person
13 or property, provided, however, that the prosecutor must show reasonable
14 cause to believe that the defendant committed the instant crime and any
15 underlying crime. For the purposes of this subparagraph, any of the
16 underlying crimes need not be a qualifying offense as defined in this
17 subdivision. For the purposes of this paragraph, "harm to an identifi-
18 able person or property" shall include but not be limited to theft of or
19 damage to property. However, based upon a review of the facts alleged in
20 the accusatory instrument, if the court determines that such theft is
21 negligible and does not appear to be in furtherance of other criminal
22 activity, the principal shall be released on his or her own recognizance
23 or under appropriate non-monetary conditions; [or]
24 (xxi) criminal possession of a weapon in the third degree as defined
25 in subdivision three of section 265.02 of the penal law or criminal sale
26 of a firearm to a minor as defined in section 265.16 of the penal
27 law[.]; or
28 (xxii) aggravated harassment in the first degree as defined in section
29 240.31 of the penal law.
30 § 3. Paragraphs (g), (m), (t), and (u) of subdivision 4 of section
31 530.40 of the criminal procedure law, paragraph (g) as amended and para-
32 graph (m) as added by section 4 of part UU of chapter 56 of the laws of
33 2020 and paragraph (t) as amended and paragraph (u) as added by section
34 4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
35 and a new paragraph (v) is added to read as follows:
36 (g) money laundering in support of terrorism in the first degree as
37 defined in section 470.24 of the penal law; money laundering in support
38 of terrorism in the second degree as defined in section 470.23 of the
39 penal law; money laundering in support of terrorism in the third degree
40 as defined in section 470.22 of the penal law; money laundering in
41 support of terrorism in the fourth degree as defined in section 470.21
42 of the penal law; [or] a felony crime of terrorism as defined in article
43 four hundred ninety of the penal law[, other than the crime defined in
44 section 490.20 of such law]; aggravated threat of mass harm as defined
45 in section 240.79 of the penal law; or making a threat of mass harm as
46 defined in section 240.78 of the penal law;
47 (m) assault in the third degree as defined in section 120.00 of the
48 penal law or arson in the third degree as defined in section 150.10 of
49 the penal law; aggravated harassment in the second degree as defined in
50 section 240.30; harassment in the first degree as defined in section
51 240.25; menacing in the third degree as defined in section 120.15;
52 menacing in the second degree as defined in section 120.14; or menacing
53 in the first degree as defined in section 120.13, when any such crime is
54 charged as a hate crime as defined in section 485.05 of the penal law;
55 (t) any felony or class A misdemeanor involving harm to an identifi-
56 able person or property, or any charge of criminal possession of a
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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 or
23 (v) aggravated harassment in the first degree as defined in section
24 240.31 of the penal law.
25 § 4. Subparagraph (xi) of paragraph (b) of subdivision 1 of section
26 150.20 of the criminal procedure law, as added by section 1 of subpart B
27 of part UU of chapter 56 of the laws of 2022, is amended to read as
28 follows:
29 (xi) the offense is a qualifying offense pursuant to paragraph (g) or
30 (t) of subdivision four of section 510.10 of this chapter, or pursuant
31 to paragraph (g) or (t) of subdivision four of section 530.40 of this
32 chapter.
33 § 5. Subdivision 3 of section 485.05 of the penal law, as amended by
34 section 3 of part R of chapter 55 of the laws of 2020, is amended to
35 read as follows:
36 3. A "specified offense" is an offense defined by any of the following
37 provisions of this chapter: section 120.00 (assault in the third
38 degree); section 120.05 (assault in the second degree); section 120.10
39 (assault in the first degree); section 120.12 (aggravated assault upon a
40 person less than eleven years old); section 120.13 (menacing in the
41 first degree); section 120.14 (menacing in the second degree); section
42 120.15 (menacing in the third degree); section 120.20 (reckless endan-
43 germent in the second degree); section 120.25 (reckless endangerment in
44 the first degree); section 121.12 (strangulation in the second degree);
45 section 121.13 (strangulation in the first degree); subdivision one of
46 section 125.15 (manslaughter in the second degree); subdivision one, two
47 or four of section 125.20 (manslaughter in the first degree); section
48 125.25 (murder in the second degree); section 120.45 (stalking in the
49 fourth degree); section 120.50 (stalking in the third degree); section
50 120.55 (stalking in the second degree); section 120.60 (stalking in the
51 first degree); subdivision one of section 130.35 (rape in the first
52 degree); subdivision one of section 130.50 (criminal sexual act in the
53 first degree); subdivision one of section 130.65 (sexual abuse in the
54 first degree); paragraph (a) of subdivision one of section 130.67
55 (aggravated sexual abuse in the second degree); paragraph (a) of subdi-
56 vision one of section 130.70 (aggravated sexual abuse in the first
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1 degree); section 135.05 (unlawful imprisonment in the second degree);
2 section 135.10 (unlawful imprisonment in the first degree); section
3 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in
4 the first degree); section 135.60 (coercion in the third degree);
5 section 135.61 (coercion in the second degree); section 135.65 (coercion
6 in the first degree); section 140.10 (criminal trespass in the third
7 degree); section 140.15 (criminal trespass in the second degree);
8 section 140.17 (criminal trespass in the first degree); section 140.20
9 (burglary in the third degree); section 140.25 (burglary in the second
10 degree); section 140.30 (burglary in the first degree); section 145.00
11 (criminal mischief in the fourth degree); section 145.05 (criminal
12 mischief in the third degree); section 145.10 (criminal mischief in the
13 second degree); section 145.12 (criminal mischief in the first degree);
14 section 150.05 (arson in the fourth degree); section 150.10 (arson in
15 the third degree); section 150.15 (arson in the second degree); section
16 150.20 (arson in the first degree); section 155.25 (petit larceny);
17 section 155.30 (grand larceny in the fourth degree); section 155.35
18 (grand larceny in the third degree); section 155.40 (grand larceny in
19 the second degree); section 155.42 (grand larceny in the first degree);
20 section 160.05 (robbery in the third degree); section 160.10 (robbery in
21 the second degree); section 160.15 (robbery in the first degree);
22 section 240.25 (harassment in the first degree); subdivision one, two or
23 four of section 240.30 (aggravated harassment in the second degree);
24 section 490.10 (soliciting or providing support for an act of terrorism
25 in the second degree); section 490.15 (soliciting or providing support
26 for an act of terrorism in the first degree); section 490.20 (making a
27 terroristic threat); section 490.25 (crime of terrorism); section 490.30
28 (hindering prosecution of terrorism in the second degree); section
29 490.35 (hindering prosecution of terrorism in the first degree); section
30 490.37 (criminal possession of a chemical weapon or biological weapon in
31 the third degree); section 490.40 (criminal possession of a chemical
32 weapon or biological weapon in the second degree); section 490.45 (crim-
33 inal possession of a chemical weapon or biological weapon in the first
34 degree); section 490.47 (criminal use of a chemical weapon or biological
35 weapon in the third degree); section 490.50 (criminal use of a chemical
36 weapon or biological weapon in the second degree); section 490.55 (crim-
37 inal use of a chemical weapon or biological weapon in the first degree);
38 section 240.78 (making a threat of mass harm); section 240.79 (aggra-
39 vated threat of mass harm); or any attempt or conspiracy to commit any
40 of the foregoing offenses.
41 § 6. The closing paragraph of section 240.78 of the penal law, as
42 added by chapter 206 of the laws of 2022, is amended to read as follows:
43 Making a threat of mass harm is a class [B] A misdemeanor.
44 § 7. The closing paragraph of section 240.79 of the penal law, as
45 added by chapter 206 of the laws of 2022, is amended to read as follows:
46 Aggravated threat of mass harm is a class [A misdemeanor] E felony.
47 § 8. This act shall take effect on the thirtieth day after it shall
48 have become a law.