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) is added to read as follows: 22 (xiii) assault in the third degree as defined in section 120.00 of the 23 penal law [or], arson in the third degree as defined in section 150.10 24 of the penal law, harassment in the first degree as defined in section 25 240.25 of the penal law, or harassment in the second degree as defined 26 in section 240.26 of the penal law, when such crime is charged as a hate 27 crime as defined in section 485.05 of the penal law; 28 (xx) any felony or class A misdemeanor involving harm to an identifi- 29 able person or property, or any charge of criminal possession of a 30 firearm as defined in section 265.01-b of the penal law where such 31 charge arose from conduct occurring while the defendant was released on 32 [his or her] the defendant's own recognizance, released under condi- 33 tions, or had yet to be arraigned after the issuance of a desk appear- 34 ance ticket for a separate felony or class A misdemeanor involving harm 35 to an identifiable person or property, provided, however, that the 36 prosecutor must show reasonable cause to believe that the defendant 37 committed the instant crime and any underlying crime. For the purposes 38 of this subparagraph, any of the underlying crimes need not be a quali- 39 fying offense as defined in this subdivision. For the purposes of this 40 paragraph, "harm to an identifiable person or property" shall include 41 but not be limited to theft of or damage to property. However, based 42 upon a review of the facts alleged in the accusatory instrument, if the 43 court determines that such theft is negligible and does not appear to be 44 in furtherance of other criminal activity, the principal shall be 45 released on [his or her] the principal's own recognizance or under 46 appropriate non-monetary conditions; [or] 47 (xxi) criminal possession of a weapon in the third degree as defined 48 in subdivision three of section 265.02 of the penal law or criminal sale 49 of a firearm to a minor as defined in section 265.16 of the penal 50 law[.]; or 51 (xxii) aggravated harassment in the first degree as defined in section 52 240.31 of the penal law, or aggravated harassment in the second degree 53 as defined in subdivision three of section 240.30 of the penal law. 54 § 3. Paragraphs (m), (t) and (u) of subdivision 4 of section 530.40 of 55 the criminal procedure law, paragraph (m) as added by section 4 of part 56 UU of chapter 56 of the laws of 2020 and paragraph (t) as amended and
A. 394 3 1 (u) as added by section 4 of subpart B of part UU of chapter 56 of the 2 laws of 2022, are amended and a new paragraph (v) is added to read as 3 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 6 of the penal law, harassment in the first degree as defined in section 7 240.25 of the penal law, or harassment in the second degree as defined 8 in section 240.26 of the penal law, when such crime is charged as a hate 9 crime as defined in section 485.05 of the 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] the defendant's own recognizance, released under condi- 15 tions, or had yet to be arraigned after the issuance of a desk appear- 16 ance ticket for a separate felony or class A misdemeanor involving harm 17 to an identifiable person or property, or any charge of criminal 18 possession of a firearm as defined in section 265.01-b of the penal law, 19 provided, however, that the prosecutor must show reasonable cause to 20 believe that the defendant committed the instant crime and any underly- 21 ing crime. For the purposes of this subparagraph, any of the underlying 22 crimes need not be a qualifying offense as defined in this subdivision. 23 For the purposes of this paragraph, "harm to an identifiable person or 24 property" shall include but not be limited to theft of or damage to 25 property. However, based upon a review of the facts alleged in the accu- 26 satory instrument, if the court determines that such theft is negligible 27 and does not appear to be in furtherance of other criminal activity, the 28 principal shall be released on [his or her] the principal's own recogni- 29 zance or under appropriate non-monetary 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, or aggravated harassment in the second degree 36 as defined in subdivision three of section 240.30 of the penal law. 37 § 4. This act shall take effect immediately.