STATE OF NEW YORK ________________________________________________________________________ 6358 2025-2026 Regular Sessions IN ASSEMBLY March 4, 2025 ___________ Introduced by M. of A. TANNOUSIS -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to bail reform; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 500.10 of the criminal procedure law is amended by 2 adding a new subdivision 23 to read as follows: 3 23. "Risk and needs assessment" means a risk and needs assessment 4 instrument, approved by the chief administrative judge of the unified 5 court system. Such approved assessment instrument shall be objective, 6 standardized and developed based on analysis of empirical data and risk 7 factors relevant to the principal's danger to the community and risk of 8 failure of a principal to appear. Such approved assessment instrument 9 shall not be discriminatory based on race, national origin, sex, any 10 other protected class or socioeconomic status. 11 § 2. Section 510.10 of the criminal procedure law, as amended by 12 section 2 of part JJJ of chapter 59 of the laws of 2019, the opening 13 paragraph as added by, the opening paragraph of subdivision 1, subdivi- 14 sion 3, and the opening paragraph of subdivision 4, as amended by 15 section 2 of subpart A of part VV of chapter 56 of the laws of 2023, 16 subdivision 1 as amended by section 1 of subpart C of part UU of chapter 17 56 of the laws of 2022, subdivision 4 as amended by section 2 of part UU 18 of chapter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision 19 4 as amended and paragraph (u) of subdivision 4 as added by section 2 of 20 subpart B of part UU of chapter 56 of the laws of 2022, is amended to 21 read as follows: 22 § 510.10 Securing order; when required; alternatives available; standard 23 to be applied. 24 The imposition of a specific type of securing order is in some cases 25 required by law and in other cases within the discretion of the court in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02583-01-5
A. 6358 2 1 accordance with the principles of, and pursuant to its authority granted 2 under, this title. 3 1. When a principal, whose future court attendance at a criminal 4 action or proceeding is or may be required, comes under the control of a 5 court, such court shall impose a securing order [in accordance with this 6 title] request of the applicable county pre-trial services agency that a 7 risk and needs assessment be conducted on the eligible principal and 8 such court shall take into account the risk and needs assessment, but 9 such assessment shall not be the sole determinative factor, for the 10 purpose of determining whether such principal should be released. 11 Except as otherwise required by law, the court shall [make an individ- 12 ualized determination as to] determine whether the principal is a danger 13 to the community or poses a risk of flight to avoid prosecution, consid- 14 er the kind and degree of control or restriction necessary to reasonably 15 assure the principal's return to court, and select a securing order 16 consistent with its determination under this subdivision. The court 17 shall explain the basis for its determination and its choice of securing 18 order on the record or in writing. In making a determination under this 19 subdivision, the court must consider and take into account available 20 information about the principal, including: 21 (a) The principal's activities and history; 22 (b) If the principal is a defendant, the charges facing the principal; 23 (c) The principal's criminal conviction record if any; 24 (d) The principal's record of previous adjudication as a juvenile 25 delinquent, as retained pursuant to section 354.1 of the family court 26 act, or, of pending cases where fingerprints are retained pursuant to 27 section 306.1 of such act, or a youthful offender, if any; 28 (e) The principal's previous record with respect to flight to avoid 29 criminal prosecution; 30 (f) If monetary bail is authorized, according to the restrictions set 31 forth in this title, the principal's individual financial circumstances, 32 and, in cases where bail is authorized, the principal's ability to post 33 bail without posing undue hardship, as well as [his or her] such princi- 34 pal's ability to obtain a secured, unsecured, or partially secured bond; 35 (g) Any violation by the principal of an order of protection issued by 36 any court; 37 (h) The principal's history of use or possession of a firearm; 38 (i) Whether the charge is alleged to have caused serious harm to an 39 individual or group of individuals; and 40 (j) If the principal is a defendant, in the case of an application for 41 a securing order pending appeal, the merit or lack of merit of the 42 appeal. 43 2. A principal is entitled to representation by counsel under this 44 chapter in preparing an application for release, when a securing order 45 is being considered and when a securing order is being reviewed for 46 modification, revocation or termination. If the principal is financially 47 unable to obtain counsel, counsel shall be assigned to the principal. 48 3. [In cases other than as described in subdivision four of this 49 section, the court shall release the principal pending trial on the 50 principal's own recognizance, unless the court finds on the record or in 51 writing that release on the principal's own recognizance will not 52 reasonably assure the principal's return to court. In such instances, 53 the court shall release the principal under non-monetary conditions as 54 provided for in subdivision three-a of section 500.10 of this title that 55 will reasonably assure the principal's return to court. The court shall 56 explain its choice of securing order on the record or in writing.
A. 6358 3 1 4. Where the principal stands charged with a qualifying offense, the 2 court, unless otherwise prohibited by law, may in its discretion release 3 the principal pending trial on the principal's own recognizance or under 4 non-monetary conditions, fix bail, or order non-monetary conditions in 5 conjunction with fixing bail, or, where the defendant is charged with a 6 qualifying offense which is a felony, the court may commit the principal 7 to the custody of the sheriff. A principal stands charged with a quali- 8 fying offense for the purposes of this subdivision when he or she stands 9 charged with: 10 (a) a felony enumerated in section 70.02 of the penal law, other than 11 robbery in the second degree as defined in subdivision one of section 12 160.10 of the penal law, provided, however, that burglary in the second 13 degree as defined in subdivision two of section 140.25 of the penal law 14 shall be a qualifying offense only where the defendant is charged with 15 entering the living area of the dwelling; 16 (b) a crime involving witness intimidation under section 215.15 of the 17 penal law; 18 (c) a crime involving witness tampering under section 215.11, 215.12 19 or 215.13 of the penal law; 20 (d) a class A felony defined in the penal law, provided that for class 21 A felonies under article two hundred twenty of the penal law, only class 22 A-I felonies shall be a qualifying offense; 23 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 24 the penal law, or a felony sex offense defined in section 70.80 of the 25 penal law, or a crime involving incest as defined in section 255.25, 26 255.26 or 255.27 of such law, or a misdemeanor defined in article one 27 hundred thirty of such law; 28 (f) conspiracy in the second degree as defined in section 105.15 of 29 the penal law, where the underlying allegation of such charge is that 30 the defendant conspired to commit a class A felony defined in article 31 one hundred twenty-five of the penal law; 32 (g) money laundering in support of terrorism in the first degree as 33 defined in section 470.24 of the penal law; money laundering in support 34 of terrorism in the second degree as defined in section 470.23 of the 35 penal law; money laundering in support of terrorism in the third degree 36 as defined in section 470.22 of the penal law; money laundering in 37 support of terrorism in the fourth degree as defined in section 470.21 38 of the penal law; or a felony crime of terrorism as defined in article 39 four hundred ninety of the penal law, other than the crime defined in 40 section 490.20 of such law; 41 (h) criminal contempt in the second degree as defined in subdivision 42 three of section 215.50 of the penal law, criminal contempt in the first 43 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 44 the penal law or aggravated criminal contempt as defined in section 45 215.52 of the penal law, and the underlying allegation of such charge of 46 criminal contempt in the second degree, criminal contempt in the first 47 degree or aggravated criminal contempt is that the defendant violated a 48 duly served order of protection where the protected party is a member of 49 the defendant's same family or household as defined in subdivision one 50 of section 530.11 of this title; 51 (i) facilitating a sexual performance by a child with a controlled 52 substance or alcohol as defined in section 263.30 of the penal law, use 53 of a child in a sexual performance as defined in section 263.05 of the 54 penal law or luring a child as defined in subdivision one of section 55 120.70 of the penal law, promoting an obscene sexual performance by a
A. 6358 4 1 child as defined in section 263.10 of the penal law or promoting a sexu- 2 al performance by a child as defined in section 263.15 of the penal law; 3 (j) any crime that is alleged to have caused the death of another 4 person; 5 (k) criminal obstruction of breathing or blood circulation as defined 6 in section 121.11 of the penal law, strangulation in the second degree 7 as defined in section 121.12 of the penal law or unlawful imprisonment 8 in the first degree as defined in section 135.10 of the penal law, and 9 is alleged to have committed the offense against a member of the defend- 10 ant's same family or household as defined in subdivision one of section 11 530.11 of this title; 12 (l) aggravated vehicular assault as defined in section 120.04-a of the 13 penal law or vehicular assault in the first degree as defined in section 14 120.04 of the penal law; 15 (m) assault in the third degree as defined in section 120.00 of the 16 penal law or arson in the third degree as defined in section 150.10 of 17 the penal law, when such crime is charged as a hate crime as defined in 18 section 485.05 of the penal law; 19 (n) aggravated assault upon a person less than eleven years old as 20 defined in section 120.12 of the penal law or criminal possession of a 21 weapon on school grounds as defined in section 265.01-a of the penal 22 law; 23 (o) grand larceny in the first degree as defined in section 155.42 of 24 the penal law, enterprise corruption as defined in section 460.20 of the 25 penal law, or money laundering in the first degree as defined in section 26 470.20 of the penal law; 27 (p) failure to register as a sex offender pursuant to section one 28 hundred sixty-eight-t of the correction law or endangering the welfare 29 of a child as defined in subdivision one of section 260.10 of the penal 30 law, where the defendant is required to maintain registration under 31 article six-C of the correction law and designated a level three offen- 32 der pursuant to subdivision six of section one hundred sixty-eight-l of 33 the correction law; 34 (q) a crime involving bail jumping under section 215.55, 215.56 or 35 215.57 of the penal law, or a crime involving escaping from custody 36 under section 205.05, 205.10 or 205.15 of the penal law; 37 (r) any felony offense committed by the principal while serving a 38 sentence of probation or while released to post release supervision; 39 (s) a felony, where the defendant qualifies for sentencing on such 40 charge as a persistent felony offender pursuant to section 70.10 of the 41 penal law; 42 (t) any felony or class A misdemeanor involving harm to an identifi- 43 able person or property, or any charge of criminal possession of a 44 firearm as defined in section 265.01-b of the penal law, where such 45 charge arose from conduct occurring while the defendant was released on 46 his or her own recognizance, released under conditions, or had yet to be 47 arraigned after the issuance of a desk appearance ticket for a separate 48 felony or class A misdemeanor involving harm to an identifiable person 49 or property, or any charge of criminal possession of a firearm as 50 defined in section 265.01-b of the penal law, provided, however, that 51 the prosecutor must show reasonable cause to believe that the defendant 52 committed the instant crime and any underlying crime. For the purposes 53 of this subparagraph, any of the underlying crimes need not be a quali- 54 fying offense as defined in this subdivision. For the purposes of this 55 paragraph, "harm to an identifiable person or property" shall include 56 but not be limited to theft of or damage to property. However, based
A. 6358 5 1 upon a review of the facts alleged in the accusatory instrument, if the 2 court determines that such theft is negligible and does not appear to be 3 in furtherance of other criminal activity, the principal shall be 4 released on his or her own recognizance or under appropriate non-mone- 5 tary conditions; or 6 (u) criminal possession of a weapon in the third degree as defined in 7 subdivision three of section 265.02 of the penal law or criminal sale of 8 a firearm to a minor as defined in section 265.16 of the penal law. 9 5. Notwithstanding the provisions of subdivisions three and four of 10 this section, with] With respect to any charge for which bail or remand 11 is not ordered, and for which the court would not [or could not] other- 12 wise require bail or remand, a defendant may, at any time, request that 13 the court set bail in a nominal amount requested by the defendant in the 14 form specified in paragraph (a) of subdivision one of section 520.10 of 15 this title; if the court is satisfied that the request is voluntary, the 16 court shall set such bail in such amount. 17 [6.] 4. When a securing order is revoked or otherwise terminated in 18 the course of an uncompleted action or proceeding but the principal's 19 future court attendance still is or may be required and the principal is 20 still under the control of a court, a new securing order must be issued. 21 When the court revokes or otherwise terminates a securing order which 22 committed the principal to the custody of the sheriff, the court shall 23 give written notification to the sheriff of such revocation or termi- 24 nation of the securing order. 25 § 3. Subdivision 1 of section 510.20 of the criminal procedure law, as 26 amended by section 3 of subpart A of part VV of chapter 56 of the laws 27 of 2023, is amended to read as follows: 28 1. Upon any occasion when a court has issued a securing order with 29 respect to a principal and the principal is confined in the custody of 30 the sheriff as a result of the securing order or a previously issued 31 securing order, the principal may make an application for recognizance, 32 release under non-monetary conditions, bail, a reduction of bail, or 33 imposition of non-monetary conditions in conjunction with bail or a 34 reduction of bail. Any such decision by the court for a change in a 35 securing order with respect to a principal shall take into account the 36 risk and needs assessment conducted by the applicable county pre-trial 37 services agency, but such assessment shall not be the sole determinative 38 factor. 39 § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as 40 amended by section 4 of subpart A of part VV of chapter 56 of the laws 41 of 2023, is amended to read as follows: 42 1. With respect to any principal, the court in all cases, unless 43 otherwise provided by law, must impose a securing order in accordance 44 with section 510.10 of this article, and shall, in addition to taking 45 into account the risk and needs assessment conducted by the applicable 46 county pre-trial services agency, explain the basis for its determi- 47 nation and choice of securing order on the record or in writing. 48 § 5. Paragraph (a) of subdivision 3 of section 510.45 of the criminal 49 procedure law, as added by section 8 of part JJJ of chapter 59 of the 50 laws of 2019, is amended to read as follows: 51 [(a) Any questionnaire, instrument or tool] The risk and needs assess- 52 ment instrument used with a principal in the process of considering or 53 determining the principal's possible release on recognizance, release 54 under non-monetary conditions or on bail, or used with a principal in 55 the process of considering or determining a condition or conditions of 56 release or monitoring by a pretrial services agency, shall be promptly
A. 6358 6 1 made available to the principal and the principal's counsel upon [writ- 2 ten] request. [Any such blank form questionnaire, instrument or tool] 3 Any such blank risk and needs assessment instrument regularly used in 4 the county for such purpose or a related purpose shall be made available 5 to any person promptly upon written request. 6 § 6. Paragraph (b) of subdivision 3 of section 510.45 of the criminal 7 procedure law is REPEALED. 8 § 7. Paragraph (a) of subdivision 1 of section 530.20 of the criminal 9 procedure law, as amended by section 6 of subpart A of part VV of chap- 10 ter 56 of the laws of 2023, is amended to read as follows: 11 (a) [In cases other than as described in paragraph (b) of this subdi- 12 vision,] When the principal is charged with an offense or offenses of 13 less than felony grade only the court shall [release the] request of the 14 applicable county pre-trial services agency a risk and needs assessment 15 be conducted on the eligible principal and the court shall take into 16 account the risk and needs assessment, but such assessment shall not be 17 the sole determinative factor, for the purpose of determining whether 18 such principal should be released pending trial on the principal's own 19 recognizance or release the principal pending trial under non-monetary 20 conditions, or where authorized, fix bail or commit the principal to the 21 custody of the sheriff, the determination for which shall be made in 22 accordance with subdivision one of section 510.10 of this title. The 23 court shall explain the basis for its determination and choice of secur- 24 ing order, release, release with conditions, bail or remand on the 25 record or in writing. 26 § 8. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 27 procedure law is REPEALED. 28 § 9. Paragraph (d) of subdivision 1 of section 530.20 of the criminal 29 procedure law, as added by section 16 of part JJJ of chapter 59 of the 30 laws of 2019, is relettered paragraph (b) and amended to read as 31 follows: 32 (b) [Notwithstanding the provisions of paragraphs (a) and (b) of this 33 subdivision, with] With respect to any charge for which bail or remand 34 is not ordered, and for which the court would not [or could not] other- 35 wise require bail or remand, a defendant may, at any time, request that 36 the court set bail in a nominal amount requested by the defendant in the 37 form specified in paragraph (a) of subdivision one of section 520.10 of 38 this title; if the court is satisfied that the request is voluntary, the 39 court shall set such bail in such amount. 40 § 10. The opening paragraph of subdivision 2 of section 530.20 of the 41 criminal procedure law, as amended by section 6 of subpart A part VV of 42 chapter 56 of the laws of 2023, is amended to read as follows: 43 When the defendant is charged, by felony complaint, with a felony, the 44 court [may, in its discretion, and] in accordance with section 510.10 of 45 this title, [order] shall, request of the applicable county pre-trial 46 services agency a risk and needs assessment be conducted on the eligible 47 defendant and the court shall take into account the risk and needs 48 assessment, but such assessment shall not be the sole determinative 49 factor, for the purpose of determining whether such defendant should be 50 released on the defendant's own recognizance, [release] released under 51 non-monetary conditions, or, where authorized, fix bail, or order non- 52 monetary conditions in conjunction with fixing bail, or commit the 53 defendant to the custody of the sheriff except as otherwise provided in 54 [subdivision one of this section or] this subdivision: 55 § 11. Section 530.40 of the criminal procedure law, as amended by 56 section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision 3
A. 6358 7 1 and the opening paragraph of subdivision 4 as amended by section 8 of 2 subpart A of part VV of chapter 56 of the laws of 2023, and subdivision 3 4 as amended by section 4 of part UU of chapter 56 of the laws of 2020, 4 paragraphs (s) and (t) of subdivision 4 as amended and paragraph (u) of 5 subdivision 4 as added by section 4 of subpart B of part UU of chapter 6 56 of the laws of 2022, is amended to read as follows: 7 § 530.40 Order of recognizance, release under non-monetary conditions or 8 bail; by superior court when action is pending therein. 9 When a criminal action is pending in a superior court, such court, 10 upon application of a defendant, must or may order recognizance or bail 11 as follows: 12 1. When the defendant is charged with an offense or offenses of less 13 than felony grade only, the court must, request of the applicable county 14 pre-trial services agency a risk and needs assessment be conducted on 15 the eligible defendant and the court shall take into account the risk 16 and needs assessment, but such assessment shall not be the sole determi- 17 native factor, for the purpose of determining whether such defendant, 18 unless otherwise provided by law, should be released on an order of 19 recognizance or bail or release under non-monetary conditions [in 20 accordance with this section] or commit the defendant to the custody of 21 the sheriff. 22 2. When the defendant is charged with a felony, the court [may, unless 23 otherwise provided by law in its discretion, order] shall request of 24 the applicable county pre-trial services agency a risk and needs assess- 25 ment be conducted on the eligible defendant and the court shall take 26 into account the risk and needs assessment, but such assessment shall 27 not be the sole determinative factor, for the purpose of determining 28 whether such defendant should be released on the defendant's own recog- 29 nizance, [release] released under non-monetary conditions or, where 30 authorized, bail or commit the defendant to the custody of the sheriff. 31 In any such case in which an indictment (a) has resulted from an order 32 of a local criminal court holding the defendant for the action of the 33 grand jury, or (b) was filed at a time when a felony complaint charging 34 the same conduct was pending in a local criminal court, and in which 35 such local criminal court or a superior court judge has issued an order 36 of recognizance, release under non-monetary conditions or, where author- 37 ized, bail which is still effective, the superior court's order may be 38 in the form of a direction continuing the effectiveness of the previous 39 order. 40 3. [In cases other than as described in subdivision four of this 41 section the court shall release the principal pending trial on the prin- 42 cipal's own recognizance or release the principal pending trial under 43 non-monetary conditions, the determination for which shall be made in 44 accordance with section 510.10 of this title. The court shall explain 45 the basis for its determination and choice of securing order on the 46 record or in writing. 47 4. Where the principal stands charged with a qualifying offense, the 48 court, unless otherwise prohibited by law, may in its discretion, and in 49 accordance with section 510.10 of this title, release the principal 50 pending trial on the principal's own recognizance or under non-monetary 51 conditions, fix bail, or order non-monetary conditions in conjunction 52 with fixing bail, or, where the defendant is charged with a qualifying 53 offense which is a felony, the court may commit the principal to the 54 custody of the sheriff. The court shall explain the basis for its deter- 55 mination and its choice of securing order on the record or in writing. A
A. 6358 8 1 principal stands charged with a qualifying offense for the purposes of 2 this subdivision when he or she stands charged with: 3 (a) a felony enumerated in section 70.02 of the penal law, other than 4 robbery in the second degree as defined in subdivision one of section 5 160.10 of the penal law, provided, however, that burglary in the second 6 degree as defined in subdivision two of section 140.25 of the penal law 7 shall be a qualifying offense only where the defendant is charged with 8 entering the living area of the dwelling; 9 (b) a crime involving witness intimidation under section 215.15 of the 10 penal law; 11 (c) a crime involving witness tampering under section 215.11, 215.12 12 or 215.13 of the penal law; 13 (d) a class A felony defined in the penal law, provided that for class 14 A felonies under article two hundred twenty of such law, only class A-I 15 felonies shall be a qualifying offense; 16 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 17 the penal law, or a felony sex offense defined in section 70.80 of the 18 penal law or a crime involving incest as defined in section 255.25, 19 255.26 or 255.27 of such law, or a misdemeanor defined in article one 20 hundred thirty of such law; 21 (f) conspiracy in the second degree as defined in section 105.15 of 22 the penal law, where the underlying allegation of such charge is that 23 the defendant conspired to commit a class A felony defined in article 24 one hundred twenty-five of the penal law; 25 (g) money laundering in support of terrorism in the first degree as 26 defined in section 470.24 of the penal law; money laundering in support 27 of terrorism in the second degree as defined in section 470.23 of the 28 penal law; money laundering in support of terrorism in the third degree 29 as defined in section 470.22 of the penal law; money laundering in 30 support of terrorism in the fourth degree as defined in section 470.21 31 of the penal law; or a felony crime of terrorism as defined in article 32 four hundred ninety of the penal law, other than the crime defined in 33 section 490.20 of such law; 34 (h) criminal contempt in the second degree as defined in subdivision 35 three of section 215.50 of the penal law, criminal contempt in the first 36 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 37 the penal law or aggravated criminal contempt as defined in section 38 215.52 of the penal law, and the underlying allegation of such charge of 39 criminal contempt in the second degree, criminal contempt in the first 40 degree or aggravated criminal contempt is that the defendant violated a 41 duly served order of protection where the protected party is a member of 42 the defendant's same family or household as defined in subdivision one 43 of section 530.11 of this article; 44 (i) facilitating a sexual performance by a child with a controlled 45 substance or alcohol as defined in section 263.30 of the penal law, use 46 of a child in a sexual performance as defined in section 263.05 of the 47 penal law or luring a child as defined in subdivision one of section 48 120.70 of the penal law, promoting an obscene sexual performance by a 49 child as defined in section 263.10 of the penal law or promoting a sexu- 50 al performance by a child as defined in section 263.15 of the penal law; 51 (j) any crime that is alleged to have caused the death of another 52 person; 53 (k) criminal obstruction of breathing or blood circulation as defined 54 in section 121.11 of the penal law, strangulation in the second degree 55 as defined in section 121.12 of the penal law or unlawful imprisonment 56 in the first degree as defined in section 135.10 of the penal law, and
A. 6358 9 1 is alleged to have committed the offense against a member of the defend- 2 ant's same family or household as defined in subdivision one of section 3 530.11 of this article; 4 (l) aggravated vehicular assault as defined in section 120.04-a of the 5 penal law or vehicular assault in the first degree as defined in section 6 120.04 of the penal law; 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 of 9 the penal law, when such crime is charged as a hate crime as defined in 10 section 485.05 of the penal law; 11 (n) aggravated assault upon a person less than eleven years old as 12 defined in section 120.12 of the penal law or criminal possession of a 13 weapon on school grounds as defined in section 265.01-a of the penal 14 law; 15 (o) grand larceny in the first degree as defined in section 155.42 of 16 the penal law, enterprise corruption as defined in section 460.20 of the 17 penal law, or money laundering in the first degree as defined in section 18 470.20 of the penal law; 19 (p) failure to register as a sex offender pursuant to section one 20 hundred sixty-eight-t of the correction law or endangering the welfare 21 of a child as defined in subdivision one of section 260.10 of the penal 22 law, where the defendant is required to maintain registration under 23 article six-C of the correction law and designated a level three offen- 24 der pursuant to subdivision six of section one hundred sixty-eight-l of 25 the correction law; 26 (q) a crime involving bail jumping under section 215.55, 215.56 or 27 215.57 of the penal law, or a crime involving escaping from custody 28 under section 205.05, 205.10 or 205.15 of the penal law; 29 (r) any felony offense committed by the principal while serving a 30 sentence of probation or while released to post release supervision; 31 (s) a felony, where the defendant qualifies for sentencing on such 32 charge as a persistent felony offender pursuant to section 70.10 of the 33 penal law; 34 (t) any felony or class A misdemeanor involving harm to an identifi- 35 able person or property, or any charge of criminal possession of a 36 firearm as defined in section 265.01-b of the penal law, where such 37 charge arose from conduct occurring while the defendant was released on 38 his or her own recognizance, released under conditions, or had yet to be 39 arraigned after the issuance of a desk appearance ticket for a separate 40 felony or class A misdemeanor involving harm to an identifiable person 41 or property, or any charge of criminal possession of a firearm as 42 defined in section 265.01-b of the penal law, provided, however, that 43 the prosecutor must show reasonable cause to believe that the defendant 44 committed the instant crime and any underlying crime. For the purposes 45 of this subparagraph, any of the underlying crimes need not be a quali- 46 fying offense as defined in this subdivision. For the purposes of this 47 paragraph, "harm to an identifiable person or property" shall include 48 but not be limited to theft of or damage to property. However, based 49 upon a review of the facts alleged in the accusatory instrument, if the 50 court determines that such theft is negligible and does not appear to be 51 in furtherance of other criminal activity, the principal shall be 52 released on his or her own recognizance or under appropriate non-mone- 53 tary conditions; or 54 (u) criminal possession of a weapon in the third degree as defined in 55 subdivision three of section 265.02 of the penal law or criminal sale of 56 a firearm to a minor as defined in section 265.16 of the penal law.
A. 6358 10 1 5. Notwithstanding the provisions of subdivisions three and four of 2 this section, with] With respect to any charge for which bail or remand 3 is not ordered, and for which the court would not [or could not] other- 4 wise require bail or remand, a defendant may, at any time, request that 5 the court set bail in a nominal amount requested by the defendant in the 6 form specified in paragraph (a) of subdivision one of section 520.10 of 7 this title; if the court is satisfied that the request is voluntary, the 8 court shall set such bail in such amount. 9 [6.] 4. Notwithstanding the provisions of [subdivisions] subdivision 10 two[, three and four] of this section, a superior court may not order 11 recognizance, release under non-monetary conditions or, where author- 12 ized, bail, or permit a defendant to remain at liberty pursuant to an 13 existing order, after the defendant has been convicted of either: (a) a 14 class A felony or (b) any class B or class C felony as defined in arti- 15 cle one hundred thirty of the penal law committed or attempted to be 16 committed by a person eighteen years of age or older against a person 17 less than eighteen years of age. In either case the court must commit or 18 remand the defendant to the custody of the sheriff. 19 [7.] 5. Notwithstanding the provisions of [subdivisions] subdivision 20 two[, three and four] of this section, a superior court may not order 21 recognizance, release under non-monetary conditions or, where author- 22 ized, bail when the defendant is charged with a felony unless and until 23 the district attorney has had an opportunity to be heard in the matter 24 and such court and counsel for the defendant have been furnished with a 25 report as described in subparagraph (ii) of paragraph (b) of subdivision 26 two of section 530.20 of this article. 27 § 12. This act shall take effect immediately.