STATE OF NEW YORK ________________________________________________________________________ 935 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing bail for principals charged with certain driving while intoxicated offenses 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] such defendant's own recognizance, released under condi- 11 tions, or had yet to be arraigned after the issuance of a desk appear- 12 ance ticket for a separate felony or class A misdemeanor involving harm 13 to an identifiable person or property, or any charge of criminal 14 possession of a firearm as defined in section 265.01-b of the penal law, 15 provided, however, that the prosecutor must show reasonable cause to 16 believe that the defendant committed the instant crime and any underly- 17 ing crime. For the purposes of this subparagraph, any of the underlying 18 crimes need not be a qualifying offense as defined in this subdivision. 19 For the purposes of this paragraph, "harm to an identifiable person or 20 property" shall include but not be limited to theft of or damage to 21 property. However, based upon a review of the facts alleged in the accu- 22 satory instrument, if the court determines that such theft is negligible 23 and does not appear to be in furtherance of other criminal activity, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01310-01-5
A. 935 2 1 principal shall be released on [his or her] such principal's own recog- 2 nizance or under appropriate non-monetary conditions; [or] 3 (u) criminal possession of a weapon in the third degree as defined in 4 subdivision three of section 265.02 of the penal law or criminal sale of 5 a firearm to a minor as defined in section 265.16 of the penal law[.]; 6 or 7 (v) felony driving while under the influence of alcohol or drugs 8 offenses pursuant to sections eleven hundred ninety-two and eleven 9 hundred ninety-three of the vehicle and traffic law. 10 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 11 section 530.20 of the criminal procedure law, subparagraph (xx) as 12 amended and subparagraph (xxi) as added by section 4 of subpart C of 13 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 14 agraph (xxii) is added to read as follows: 15 (xx) any felony or class A misdemeanor involving harm to an identifi- 16 able person or property, or any charge of criminal possession of a 17 firearm as defined in section 265.01-b of the penal law where such 18 charge arose from conduct occurring while the defendant was released on 19 [his or her] such defendant's own recognizance, released under condi- 20 tions, or had yet to be arraigned after the issuance of a desk appear- 21 ance ticket for a separate felony or class A misdemeanor involving harm 22 to an identifiable person or property, provided, however, that the 23 prosecutor must show reasonable cause to believe that the defendant 24 committed the instant crime and any underlying crime. For the purposes 25 of this subparagraph, any of the underlying crimes need not be a quali- 26 fying offense as defined in this subdivision. For the purposes of this 27 paragraph, "harm to an identifiable person or property" shall include 28 but not be limited to theft of or damage to property. However, based 29 upon a review of the facts alleged in the accusatory instrument, if the 30 court determines that such theft is negligible and does not appear to be 31 in furtherance of other criminal activity, the principal shall be 32 released on [his or her] such principal's own recognizance or under 33 appropriate non-monetary conditions; [or] 34 (xxi) criminal possession of a weapon in the third degree as defined 35 in subdivision three of section 265.02 of the penal law or criminal sale 36 of a firearm to a minor as defined in section 265.16 of the penal 37 law[.]; or 38 (xxii) felony driving while under the influence of alcohol or drugs 39 offenses pursuant to sections eleven hundred ninety-two and eleven 40 hundred ninety-three of the vehicle and traffic law. 41 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 42 criminal procedure law, paragraph (t) as amended and paragraph (u) as 43 added by section 4 of subpart B of part UU of chapter 56 of the laws of 44 2022, are amended and a new paragraph (v) is added to read as follows: 45 (t) any felony or class A misdemeanor involving harm to an identifi- 46 able person or property, or any charge of criminal possession of a 47 firearm as defined in section 265.01-b of the penal law, where such 48 charge arose from conduct occurring while the defendant was released on 49 [his or her] such defendant's own recognizance, released under condi- 50 tions, or had yet to be arraigned after the issuance of a desk appear- 51 ance ticket for a separate felony or class A misdemeanor involving harm 52 to an identifiable person or property, or any charge of criminal 53 possession of a firearm as defined in section 265.01-b of the penal law, 54 provided, however, that the prosecutor must show reasonable cause to 55 believe that the defendant committed the instant crime and any underly- 56 ing crime. For the purposes of this subparagraph, any of the underlying
A. 935 3 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] such principal's own recog- 8 nizance 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) felony driving while under the influence of alcohol or drugs 14 offenses pursuant to sections eleven hundred ninety-two and eleven 15 hundred ninety-three of the vehicle and traffic law. 16 § 4. This act shall take effect immediately.