New York A 394: Provides for special elections for the offices of comptroller and attorney general for vacancies during a term

Bill Text

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A00394 Summary:

BILL NOA00394 

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SAME ASNo Same As

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SPONSOREichenstein

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COSPNSRBores

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MLTSPNSR

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Amd §§510.10, 530.20 & 530.40, CP L

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Authorizes bail for certain harassment offenses which are, or are charged as, hate crimes.

Go to top A00394 Actions:

BILL NOA00394 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA00394 Committee&nbspVotes:

Go to topA00394 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00394 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 394

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. EICHENSTEIN, BORES -- read once and referred to
 the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to securing
 orders for principals charged with certain hate crimes

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

 1 Section 1. Paragraphs (m), (t) and (u) of subdivision 4 of section
 2 510.10 of the criminal procedure law, paragraph (m) as added by section
 3 2 of part UU of chapter 56 of the laws of 2020 and paragraph (t) as
 4 amended and (u) as added by section 2 of subpart B of part UU of chapter
 5 56 of the laws of 2022, are amended and a new paragraph (v) is added to
 6 read as follows:
 7 (m) assault in the third degree as defined in section 120.00 of the
 8 penal law [or], arson in the third degree as defined in section 150.10
 9 of the penal law, harassment in the first degree as defined in section
 10 240.25 of the penal law, or harassment in the second degree as defined
 11 in section 240.26 of the penal law, when such crime is charged as a hate
 12 crime as defined in section 485.05 of the penal law;
 13 (t) any felony or class A misdemeanor involving harm to an identifi-
 14 able person or property, or any charge of criminal possession of a
 15 firearm as defined in section 265.01-b of the penal law, where such
 16 charge arose from conduct occurring while the defendant was released on
 17 [his or her] the defendant's own recognizance, released under condi-
 18 tions, or had yet to be arraigned after the issuance of a desk appear-
 19 ance ticket for a separate felony or class A misdemeanor involving harm
 20 to an identifiable person or property, or any charge of criminal
 21 possession of a firearm as defined in section 265.01-b of the penal law,
 22 provided, however, that the prosecutor must show reasonable cause to
 23 believe that the defendant committed the instant crime and any underly-
 24 ing crime. For the purposes of this subparagraph, any of the underlying

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01610-01-5

 A. 394 2

 1 crimes need not be a qualifying offense as defined in this subdivision.
 2 For the purposes of this paragraph, "harm to an identifiable person or
 3 property" shall include but not be limited to theft of or damage to
 4 property. However, based upon a review of the facts alleged in the accu-
 5 satory instrument, if the court determines that such theft is negligible
 6 and does not appear to be in furtherance of other criminal activity, the
 7 principal shall be released on [his or her] the principal's own recogni-
 8 zance or under appropriate non-monetary conditions; [or]
 9 (u) criminal possession of a weapon in the third degree as defined in
 10 subdivision three of section 265.02 of the penal law or criminal sale of
 11 a firearm to a minor as defined in section 265.16 of the penal law[.];
 12 or
 13 (v) aggravated harassment in the first degree as defined in section
 14 240.31 of the penal law, or aggravated harassment in the second degree
 15 as defined in subdivision three of section 240.30 of the penal law.
 16 § 2. Subparagraphs (xiii), (xx) and (xxi) of paragraph (b) of subdivi-
 17 sion 1 of section 530.20 of the criminal procedure law, subparagraph
 18 (xiii) as amended by section 3 of part UU of chapter 56 of the laws of
 19 2020 and subparagraph (xx) as amended and subparagraph (xxi) as added by
 20 section 4 of subpart C of part UU of chapter 56 of the laws of 2022, are
 21 amended and a new subparagraph (xxii) i