Rpld §510.10 sub 4 ¶(m), §530.20 sub 1 ¶(b) sub¶ (xiii), §530.40 sub 4 ¶(m), amd §§510.10, 530.20 & 530.40,
CP L
Includes hate crimes in the list of offenses as to which the court has discretion to release the principal pending trial, fix bail or commit the principal to the custody of the sheriff.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1789
SPONSOR: Colton TITLE OF BILL:
An act to amend the criminal procedure law, in relation to including
hate crimes in the list of offenses as to which the court has discretion
to release the principal pending trial, fix bail or commit the principal
to the custody of the sheriff; and to repeal certain provisions of such
law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
To includes hate crimes in the list of offenses as to which the court
has discretion to release the principal pending trial, fix bail or
commdt the principal to the custody of the sheriff; repealer.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Paragraph (m) of subdivision 4 of section 510.10 of the crim-
inal procedure law is REPEALED and a new paragraph (m) is added to read
as follows: (m) any offense classified and charged as a hate crime under
article four hundred eighty-five of the penal law, regardless of whether
such crime is a misdemeanor or a felony;
§ 2. Subparagraph (xiii) of paragraph (b) of subdivision 1 of section 8
530.20 of the criminal procedure law is REPEALED and a new subparagraph
(xiii) is added to read as follows: (xiii) any offense classified and
charged as a hate crime under article four hundred eighty-five of the
penal law, regardless of whether such crime is a misdemeanor or a felo-
ny;
§ 3. Paragraph (m) of subdivision 4 of section 530.40 of the criminal
procedure law is REPEALED and a new paragraph (m) is added to read as
follows: (m) any offense classified and charged as a hate crime under
article four hundred eighty-five of the penal law, regardless of whether
such crime is a misdemeanor or a felony.
JUSTIFICATION:
The bill gives more discretional ability to judiciary system to make the
decisions regarding the hate crimes. It broadens the opportunity for the
criminal justice system to treat the cases individually. The Judicial
system needs to have transparent ability to independently and
fairly/objectively decide whether a person charged with a hate crime is
to be released pending trial, or bail to be fixed, or to be committed to
the custody of the sheriff. Increasing numbers of the hate crime cases,
especially in New York City, makes it evident that Judicial System must.
STATE OF NEW YORK
________________________________________________________________________
1789
2023-2024 Regular Sessions
IN ASSEMBLY
January 20, 2023
___________
Introduced by M. of A. COLTON -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to including
hate crimes in the list of offenses as to which the court has
discretion to release the principal pending trial, fix bail or commit
the principal to the custody of the sheriff; and to repeal certain
provisions of such law relating thereto
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 is REPEALED and a new paragraph (m) is added to
3 read as follows:
4 (m) any offense classified and charged as a hate crime under article
5 four hundred eighty-five of the penal law, regardless of whether such
6 crime is a misdemeanor or a felony;
7 § 2. Subparagraph (xiii) of paragraph (b) of subdivision 1 of section
8 530.20 of the criminal procedure law is REPEALED and a new subparagraph
9 (xiii) is added to read as follows:
10 (xiii) any offense classified and charged as a hate crime under arti-
11 cle four hundred eighty-five of the penal law, regardless of whether
12 such crime is a misdemeanor or a felony;
13 § 3. Paragraph (m) of subdivision 4 of section 530.40 of the criminal
14 procedure law is REPEALED and a new paragraph (m) is added to read as
15 follows:
16 (m) any offense classified and charged as a hate crime under article
17 four hundred eighty-five of the penal law, regardless of whether such
18 crime is a misdemeanor or a felony;
19 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05687-01-3
