What's happening
This bill expands the list of qualifying offenses for securing orders to include certain sex offenses by registered level 2 or 3 sex offenders.
Why it matters
Targets higher-risk repeat offenders. By focusing on level 2 and level 3 sex offenders (those deemed to pose moderate to high risk of reoffending), the bill aims to address individuals with a proven pattern of dangerous behavior, particularly in relation to child welfare and public safety.
Expands judicial discretion for pretrial detention. The bill allows judges to issue securing orders (which can include bail or pretrial detention) for additional offenses—specifically, certain sex offenses committed by registered offenders—potentially reducing the likelihood that these individuals are released pending trial.
Addresses community safety and victim protection. By including offenses like endangering the welfare of a child, public lewdness, and exposure, the measure prioritizes protecting vulnerable populations (especially children) and aims to prevent further trauma or victimization by known repeat offenders.
Responds to bail reform concerns. This amendment is a targeted response to criticisms that recent bail reform laws did not sufficiently account for the risks posed by some sex offenders, seeking to close perceived loopholes and reassure the public about safety measures.
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Who cares
Headline styles
Stricter Bail for Sex Offenders
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Bail for Sex Offenders
In Assembly Committee · Codes · Sponsor Monica P. Wallace
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6929
2019-2020 Regular Sessions
IN SENATE
December 27, 2019
Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law, in relation to securing orders for principals charged with certain qualifying offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (h) and (i) of 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, are amended to read as follows:
(h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this [article] title; [or]
(i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law; or
(j) any of the following offenses where the defendant is required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law: endangering the welfare of a child as defined in section 260.10 of the penal law; public lewdness as defined in section 245.00 of the penal law; exposure of a person as defined in section 245.01 of the penal law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14395-01-9
S. 6929 2
public lewdness in the first degree as defined in section 245.03 of the penal law.
§ 2. Subparagraphs (viii) and (ix) of paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law, as added by section 16 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
(viii) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(ix) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law; or
(x) any of the following offenses where the defendant is required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law: endangering the welfare of a child as defined in section 260.10 of the penal law; public lewdness as defined in section 245.00 of the penal law; exposure of a person as defined in section 245.01 of the penal law; public lewdness in the first degree as defined in section 245.03 of the penal law.
§ 3. Paragraphs (h) and (i) of subdivision 4 of section 530.40 of the criminal procedure law, as added by section 18 of part JJJ of chapter 59 of the laws of 2019, are amended to read as follows:
(h) criminal contempt in the second degree as defined in subdivision three of section 215.50 of the penal law, criminal contempt in the first degree as defined in subdivision (b), (c) or (d) of section 215.51 of the penal law or aggravated criminal contempt as defined in section 215.52 of the penal law, and the underlying allegation of such charge of criminal contempt in the second degree, criminal contempt in the first degree or aggravated criminal contempt is that the defendant violated a duly served order of protection where the protected party is a member of the defendant's same family or household as defined in subdivision one of section 530.11 of this article; [or]
(i) facilitating a sexual performance by a child with a controlled substance or alcohol as defined in section 263.30 of the penal law, use of a child in a sexual performance as defined in section 263.05 of the penal law or luring a child as defined in subdivision one of section 120.70 of the penal law; or
(j) any of the following offenses where the defendant is required to maintain registration under article six-C of the correction law and designated a level two or level three offender pursuant to subdivision six of section one hundred sixty-eight-l of the correction law: endangering the welfare of a child as defined in section 260.10 of the penal law; public lewdness as defined in section 245.00 of the penal law; exposure of a person as defined in section 245.01 of the penal law;
S. 6929 3
public lewdness in the first degree as defined in section 245.03 of the penal law.
§ 4. This act shall take effect on the same date and in the same manner as part JJJ of chapter 59 of the laws of 2019 takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Purpose or general idea of bill
To address setting bail for level 2 and 3 sex offenders who commit certain crimes.
Summary of specific provisions
Section 1 amends subdivision 4 of section 510.10 of the criminal procedure law addressing securing orders when an individual is a level 2 or 3 sex offender and is charged with endangering the welfare of a child as defined in section 260.10 of the penal law; public lewdness as defined in section 245.00 of the penal law; exposure of a person as defined in section 245.01 of the penal law; public lewdness in the first degree as defined in section 245.03 of the penal law.
Section 2 amends paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law addressing securing orders by local criminal courts when an action is pending.
Section 3 amends subdivision 4 of section 530.40 of the criminal procedure law addressing pretrial detention.
Section 4 effective date.
Justification
The 2019-2020 budget included criminal justice reform provisions, which addressed eliminating cash bail and pre-trial detention for individuals charged with misdemeanors and non-violent felony offenses. The new reforms made specific exclusions for individuals charged with certain sexual offenses, recognizing these individuals should be treated differ- ently from other offenders due to the serious nature of their actions. However, the new law did not consider how to address registered sex offenders who are charged with certain misdemeanor offenses, when such crimes represent serious offenses.
In 2019, in Long Beach, NY, a level 3 sex offender, who had previously been convicted of a violent rape, followed a minor home from school and repeatedly intimidated the young student, made contact, and caused her to fear for her safety. Officials were notified, and he was arrested and charged with endangering the welfare of a child. Yet due to the fact he was only charged with a misdemeanor in this instance, he is to be released from prison on January 1, 2020.
This legislation would address these types of issues by reintroducing judicial discretion for cash-bail and pre-trial detention for level 2 and 3 sex offenders who are charged with endangering the welfare of a child and certain public lewdness offenses. There is a risk of recidiv- ism with level 2 and 3 sex offenders and these crimes are especially serious as they are often targeted at children and other vulnerable members of society. It is important we address this gap in the law. In these instances, these offenses are as serious, if not more serious, as felonies under cash bail reform that remain part of the criminal justice system.
Prior legislative history
New bill.
Fiscal implication
None.
Effective date
This act shall take effect on the same date and in the same manner as part JJJ of chapter 59 of the laws of 2019 takes effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.