STATE OF NEW YORK ________________________________________________________________________ 632 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BARCLAY, GALLAHAN, JENSEN, McDONOUGH, GANDOLFO, RA, K. BROWN, SMITH, ANGELINO, DURSO, MORINELLO, REILLY, LEMONDES, SIMPSON, TANNOUSIS, PALMESANO, WALSH, BRABENEC, CHANG, BLUMENCRANZ, BROOK-KRASNY, NOVAKHOV -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to including offenses involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (t) as amended and paragraph 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the 4 laws of 2022, are amended and a new paragraph (v) is added to read as 5 follows: 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law, where such 9 charge arose from conduct occurring while the defendant was released on 10 [his or her] their own recognizance, released under conditions, or had 11 yet to be arraigned after the issuance of a desk appearance ticket for a 12 separate felony or class A misdemeanor involving harm to an identifiable 13 person or property, or any charge of criminal possession of a firearm as 14 defined in section 265.01-b of the penal law, provided, however, that 15 the prosecutor must show reasonable cause to believe that the defendant 16 committed the instant crime and any underlying crime. For the purposes 17 of this subparagraph, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00133-01-5
A. 632 2 1 paragraph, "harm to an identifiable person or property" shall include 2 but not be limited to theft of or damage to property. However, based 3 upon a review of the facts alleged in the accusatory instrument, if the 4 court determines that such theft is negligible and does not appear to be 5 in furtherance of other criminal activity, the principal shall be 6 released on [his or her] their own recognizance or under appropriate 7 non-monetary conditions; [or] 8 (u) criminal possession of a weapon in the third degree as defined in 9 subdivision three of section 265.02 of the penal law or criminal sale of 10 a firearm to a minor as defined in section 265.16 of the penal law[.]; 11 or 12 (v) any misdemeanor or felony offense as defined in the penal law 13 involving the possession, display or discharge of a firearm, rifle, 14 shotgun, machine-gun, or disguised gun. 15 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 16 section 530.20 of the criminal procedure law, subparagraph (xx) as 17 amended and subparagraph (xxi) as added by section 4 of subpart C of 18 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 19 agraph (xxii) is added to read as follows: 20 (xx) any felony or class A misdemeanor involving harm to an identifi- 21 able person or property, or any charge of criminal possession of a 22 firearm as defined in section 265.01-b of the penal law where such 23 charge arose from conduct occurring while the defendant was released on 24 [his or her] their own recognizance, released under conditions, or had 25 yet to be arraigned after the issuance of a desk appearance ticket for a 26 separate felony or class A misdemeanor involving harm to an identifiable 27 person or property, provided, however, that the prosecutor must show 28 reasonable cause to believe that the defendant committed the instant 29 crime and any underlying crime. For the purposes of this subparagraph, 30 any of the underlying crimes need not be a qualifying offense as defined 31 in this subdivision. For the purposes of this paragraph, "harm to an 32 identifiable person or property" shall include but not be limited to 33 theft of or damage to property. However, based upon a review of the 34 facts alleged in the accusatory instrument, if the court determines that 35 such theft is negligible and does not appear to be in furtherance of 36 other criminal activity, the principal shall be released on [his or her] 37 their own recognizance or under appropriate non-monetary conditions; 38 [or] 39 (xxi) criminal possession of a weapon in the third degree as defined 40 in subdivision three of section 265.02 of the penal law or criminal sale 41 of a firearm to a minor as defined in section 265.16 of the penal 42 law[.]; or 43 (xxii) any misdemeanor or felony offense as defined in the penal law 44 involving the possession, display or discharge of a firearm, rifle, 45 shotgun, machine-gun, or disguised gun. 46 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 47 criminal procedure law, paragraph (t) as amended and paragraph (u) as 48 added by section 4 of subpart B of part UU of chapter 56 of the laws of 49 2022, are amended and a new paragraph (v) is added to read as follows: 50 (t) any felony or class A misdemeanor involving harm to an identifi- 51 able person or property, or any charge of criminal possession of a 52 firearm as defined in section 265.01-b of the penal law, where such 53 charge arose from conduct occurring while the defendant was released on 54 [his or her] their own recognizance, released under conditions, or had 55 yet to be arraigned after the issuance of a desk appearance ticket for a 56 separate felony or class A misdemeanor involving harm to an identifiable
A. 632 3 1 person or property, or any charge of criminal possession of a firearm as 2 defined in section 265.01-b of the penal law, provided, however, that 3 the prosecutor must show reasonable cause to believe that the defendant 4 committed the instant crime and any underlying crime. For the purposes 5 of this subparagraph, any of the underlying crimes need not be a quali- 6 fying offense as defined in this subdivision. For the purposes of this 7 paragraph, "harm to an identifiable person or property" shall include 8 but not be limited to theft of or damage to property. However, based 9 upon a review of the facts alleged in the accusatory instrument, if the 10 court determines that such theft is negligible and does not appear to be 11 in furtherance of other criminal activity, the principal shall be 12 released on [his or her] their own recognizance or under appropriate 13 non-monetary conditions; [or] 14 (u) criminal possession of a weapon in the third degree as defined in 15 subdivision three of section 265.02 of the penal law or criminal sale of 16 a firearm to a minor as defined in section 265.16 of the penal law[.]; 17 or 18 (v) any misdemeanor or felony offense as defined in the penal law 19 involving the possession, display or discharge of a firearm, rifle, 20 shotgun, machine-gun, or disguised gun. 21 § 4. This act shall take effect immediately.