NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3986
SPONSOR: Miller M TITLE OF BILL:
An act to amend the criminal procedure law, in relation to defining a
qualified offense for purposes of bail recognizance and the issuance of
securing orders
PURPOSE:
Relates to amending the criminal procedure law, in relation to defining
a qualified offense for purposes of bail recognizance and the issuance
of securing orders.
SUMMARY OF PROVISIONS:
Section 1. Subdivision 4 of section 510.10 of the criminal procedure
law, as added by section 2 of part JJJ of chapter 59 of the laws of
2019, is amended.
JUSTIFICATION:
The recent spate of anti-Semitic attacks is especially troubling as the
current law does not list these hate crimes as a qualifying offense.
This legislation will add those offenses categorized under NYS Penal law
as hate crimes as a qualifying offense, allowing the judge to use their
discretion and the ability to set bail when someone charged with said
hate crime is before them.
LEGISLATIVE HISTORY:
2019-2020:A.9019 - referred to Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
STATE OF NEW YORK
________________________________________________________________________
3986
2021-2022 Regular Sessions
IN ASSEMBLY
January 29, 2021
___________
Introduced by M. of A. M. MILLER, RA -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to defining a
qualified offense for purposes of bail recognizance and the issuance
of securing orders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (m) of subdivision 4 of section 510.10 of the
2 criminal procedure law, as added by section 2 of part UU of chapter 56
3 of the laws of 2020, is amended to read as follows:
4 (m) [assault in the third degree as defined in section 120.00 of the
5 penal law or arson in the third degree as defined in section 150.10 of
6 the penal law, when such crime is charged as a hate crime as defined in
7 section 485.05 of the penal law] a crime defined as a hate crime under
8 section 485.05 of the penal law;
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08664-01-1
