STATE OF NEW YORK ________________________________________________________________________ 4976 2025-2026 Regular Sessions IN ASSEMBLY February 10, 2025 ___________ Introduced by M. of A. BUTTENSCHON, JONES, McMAHON, STERN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to drug and domestic violence offenses qualifying for bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (a), (d), (j), (t) and 2 (u) of subdivision 4 of section 510.10 of the criminal procedure law, 3 the opening paragraph as amended by section 2 of subpart A of part VV of 4 chapter 56 of the laws of 2023, paragraphs (a) and (d) as amended and 5 paragraph (j) as added by section 2 of part UU of chapter 56 of the laws 6 of 2020, and paragraph (t) as amended and paragraph (u) as added by 7 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are 8 amended and two new paragraphs (v) and (w) are added to read as follows: 9 Where the principal stands charged with a qualifying offense, the 10 court, unless otherwise prohibited by law, may in its discretion release 11 the principal pending trial on the principal's own recognizance or under 12 non-monetary conditions, fix bail, or order non-monetary conditions in 13 conjunction with fixing bail, or, where the defendant is charged with a 14 qualifying offense [which is a felony], the court may commit the princi- 15 pal to the custody of the sheriff. A principal stands charged with a 16 qualifying offense for the purposes of this subdivision when [he or she] 17 such principal stands charged with: 18 (a) a felony enumerated in section 70.02 of the penal law[, other than 19 robbery in the second degree as defined in subdivision one of section 20 160.10 of the penal law, provided, however, that burglary in the second 21 degree as defined in subdivision two of section 140.25 of the penal law 22 shall be a qualifying offense only where the defendant is charged with 23 entering the living area of the dwelling]; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09128-01-5
A. 4976 2 1 (d) a class A felony as defined in the penal law[, provided that for 2 class A felonies under article two hundred twenty of the penal law, only 3 class A-I felonies shall be a qualifying offense]; 4 (j) any crime that is alleged to have caused the death or serious 5 physical injury of another person; 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 24 principal shall be released on [his or her] such principal's own recog- 25 nizance or under appropriate non-monetary conditions; [or] 26 (u) criminal possession of a weapon in the third degree as defined in 27 subdivision three of section 265.02 of the penal law or criminal sale of 28 a firearm to a minor as defined in section 265.16 of the penal law[.]; 29 (v) a class B, C or D felony enumerated in article two hundred twenty 30 of the penal law; or 31 (w) an aggravated family offense as defined in section 240.75 of the 32 penal law. 33 § 2. The opening paragraph and subparagraphs (i), (iv), (x), (xx) and 34 (xxi) of paragraph (b) of subdivision 1 of section 530.20 of the crimi- 35 nal procedure law, the opening paragraph as amended by section 6 of 36 subpart A of part VV of chapter 56 of the laws of 2023, subparagraphs 37 (i), (iv) and (x) as amended by section 3 of part UU of chapter 56 of 38 the laws of 2020, and subparagraph (xx) as amended and subparagraph 39 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the 40 laws of 2022, are amended and two new subparagraphs and (xxii) and 41 (xxiii) are added to read as follows: 42 Where the principal stands charged with a qualifying offense, the 43 court, unless otherwise prohibited by law, may in its discretion release 44 the principal pending trial on the principal's own recognizance or under 45 non-monetary conditions, fix bail, order non-monetary conditions in 46 conjunction with fixing bail, or, where the defendant is charged with a 47 qualifying offense [which is a felony], the court may commit the princi- 48 pal to the custody of the sheriff. The court shall explain its choice of 49 securing order on the record or in writing. A principal stands charged 50 with a qualifying offense when [he or she] such principal stands charged 51 with: 52 (i) a felony enumerated in section 70.02 of the penal law[, other than 53 robbery in the second degree as defined in subdivision one of section 54 160.10 of the penal law, provided, however, that burglary in the second 55 degree as defined in subdivision two of section 140.25 of the penal law
A. 4976 3 1 shall be a qualifying offense only where the defendant is charged with 2 entering the living area of the dwelling]; 3 (iv) a class A felony as defined in the penal law[, provided, that for 4 class A felonies under article two hundred twenty of such law, only 5 class A-I felonies shall be a qualifying offense]; 6 (x) any crime that is alleged to have caused the death or serious 7 physical injury of another person; 8 (xx) any felony or class A misdemeanor involving harm to an identifi- 9 able person or property, or any charge of criminal possession of a 10 firearm as defined in section 265.01-b of the penal law where such 11 charge arose from conduct occurring while the defendant was released on 12 [his or her] such defendant's own recognizance, released under condi- 13 tions, or had yet to be arraigned after the issuance of a desk appear- 14 ance ticket for a separate felony or class A misdemeanor involving harm 15 to an identifiable person or property, provided, however, that the 16 prosecutor must show reasonable cause to believe that the defendant 17 committed the instant crime and any underlying crime. For the purposes 18 of this subparagraph, any of the underlying crimes need not be a quali- 19 fying offense as defined in this subdivision. For the purposes of this 20 paragraph, "harm to an identifiable person or property" shall include 21 but not be limited to theft of or damage to property. However, based 22 upon a review of the facts alleged in the accusatory instrument, if the 23 court determines that such theft is negligible and does not appear to be 24 in furtherance of other criminal activity, the principal shall be 25 released on [his or her] such principal's own recognizance or under 26 appropriate non-monetary conditions; [or] 27 (xxi) criminal possession of a weapon in the third degree as defined 28 in subdivision three of section 265.02 of the penal law or criminal sale 29 of a firearm to a minor as defined in section 265.16 of the penal 30 law[.]; 31 (xxii) a class B, C or D felony enumerated in article two hundred 32 twenty of the penal law; or 33 (xxiii) an aggravated family offense as defined in section 240.75 of 34 the penal law. 35 § 3. The opening paragraph and paragraphs (a), (d), (j), (t) and (u) 36 of subdivision 4 of section 530.40 of the criminal procedure law, the 37 opening paragraph as amended by section 8 of subpart A of part VV of 38 chapter 56 of the laws of 2023, paragraphs (a) and (d) as amended and 39 paragraph (j) as added by section 4 of part UU of chapter 56 of the laws 40 of 2020, and paragraph (t) as amended and paragraph (u) as added by 41 section 4 of subpart B of part UU of chapter 56 of the laws of 2022, are 42 amended and two new paragraphs (v) and (w) are added to read as follows: 43 Where the principal stands charged with a qualifying offense, the 44 court, unless otherwise prohibited by law, may in its discretion, and in 45 accordance with section 510.10 of this title, release the principal 46 pending trial on the principal's own recognizance or under non-monetary 47 conditions, fix bail, or order non-monetary conditions in conjunction 48 with fixing bail, or, where the defendant is charged with a qualifying 49 offense [which is a felony], the court may commit the principal to the 50 custody of the sheriff. The court shall explain the basis for its deter- 51 mination and its choice of securing order on the record or in writing. A 52 principal stands charged with a qualifying offense for the purposes of 53 this subdivision when [he or she] such principal stands charged with: 54 (a) a felony enumerated in section 70.02 of the penal law[, other than 55 robbery in the second degree as defined in subdivision one of section 56 160.10 of the penal law, provided, however, that burglary in the second
A. 4976 4 1 degree as defined in subdivision two of section 140.25 of the penal law 2 shall be a qualifying offense only where the defendant is charged with 3 entering the living area of the dwelling]; 4 (d) a class A felony as defined in the penal law[, provided that for 5 class A felonies under article two hundred twenty of such law, only 6 class A-I felonies shall be a qualifying offense]; 7 (j) any crime that is alleged to have caused the death or serious 8 physical injury of another person; 9 (t) any felony or class A misdemeanor involving harm to an identifi- 10 able person or property, or any charge of criminal possession of a 11 firearm as defined in section 265.01-b of the penal law, where such 12 charge arose from conduct occurring while the defendant was released on 13 [his or her] such defendant's own recognizance, released under condi- 14 tions, or had yet to be arraigned after the issuance of a desk appear- 15 ance ticket for a separate felony or class A misdemeanor involving harm 16 to an identifiable person or property, or any charge of criminal 17 possession of a firearm as defined in section 265.01-b of the penal law, 18 provided, however, that the prosecutor must show reasonable cause to 19 believe that the defendant committed the instant crime and any underly- 20 ing crime. For the purposes of this subparagraph, any of the underlying 21 crimes need not be a qualifying offense as defined in this subdivision. 22 For the purposes of this paragraph, "harm to an identifiable person or 23 property" shall include but not be limited to theft of or damage to 24 property. However, based upon a review of the facts alleged in the accu- 25 satory instrument, if the court determines that such theft is negligible 26 and does not appear to be in furtherance of other criminal activity, the 27 principal shall be released on [his or her] such principal's own recog- 28 nizance or under appropriate non-monetary conditions; [or] 29 (u) criminal possession of a weapon in the third degree as defined in 30 subdivision three of section 265.02 of the penal law or criminal sale of 31 a firearm to a minor as defined in section 265.16 of the penal law[.]; 32 (v) a class B, C or D felony enumerated in article two hundred twenty 33 of the penal law; or 34 (w) an aggravated family offense as defined in section 240.75 of the 35 penal law. 36 § 4. This act shall take effect immediately.