STATE OF NEW YORK ________________________________________________________________________ 6597--A 2025-2026 Regular Sessions IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. KAY, STERN, LAVINE, WIEDER, WOERNER, BERGER, P. CARROLL, YEGER, DURSO, MIKULIN -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to authorizing bail for certain offenses involving threats of mass harm against a school district, school, school staff or a student 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] paragraph, any of the underlying crimes need not 18 be a qualifying offense as defined in this subdivision. For the purposes 19 of this paragraph, "harm to an identifiable person or property" shall 20 include but not be limited to theft of or damage to property. However, 21 based upon a review of the facts alleged in the accusatory instrument, 22 if the court determines that such theft is negligible and does not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09603-02-5
A. 6597--A 2 1 appear to be in furtherance of other criminal activity, the principal 2 shall be released on [his or her] their own recognizance or under appro- 3 priate non-monetary conditions; [or] 4 (u) criminal possession of a weapon in the third degree as defined in 5 subdivision three of section 265.02 of the penal law or criminal sale of 6 a firearm to a minor as defined in section 265.16 of the penal law[.]; 7 or 8 (v) aggravated harassment in the second degree as defined in section 9 240.30 of the penal law, aggravated harassment in the first degree as 10 defined in section 240.31 of the penal law, making a threat of mass harm 11 as defined in section 240.78 of the penal law, aggravated threat of mass 12 harm as defined in section 240.79 of the penal law or, notwithstanding 13 the provisions of paragraph (g) of this subdivision, making a terroris- 14 tic threat as defined in section 490.20 of the penal law, and is alleged 15 to have committed such offense against a school district, school, school 16 staff or a student. 17 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 18 section 530.20 of the criminal procedure law, subparagraph (xx) as 19 amended and subparagraph (xxi) as added by section 4 of subpart C of 20 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 21 agraph (xxii) is added to read as follows: 22 (xx) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, or any charge of criminal possession of a 24 firearm as defined in section 265.01-b of the penal law where such 25 charge arose from conduct occurring while the defendant was released on 26 [his or her] their own recognizance, released under conditions, or had 27 yet to be arraigned after the issuance of a desk appearance ticket for a 28 separate felony or class A misdemeanor involving harm to an identifiable 29 person or property, provided, however, that the prosecutor must show 30 reasonable cause to believe that the defendant committed the instant 31 crime and any underlying crime. For the purposes of this subparagraph, 32 any of the underlying crimes need not be a qualifying offense as defined 33 in this subdivision. For the purposes of this [paragraph] subparagraph, 34 "harm to an identifiable person or property" shall include but not be 35 limited to theft of or damage to property. However, based upon a review 36 of the facts alleged in the accusatory instrument, if the court deter- 37 mines that such theft is negligible and does not appear to be in furth- 38 erance of other criminal activity, the principal shall be released on 39 [his or her] their own recognizance or under appropriate non-monetary 40 conditions; [or] 41 (xxi) criminal possession of a weapon in the third degree as defined 42 in subdivision three of section 265.02 of the penal law or criminal sale 43 of a firearm to a minor as defined in section 265.16 of the penal 44 law[.]; or 45 (xxii) aggravated harassment in the second degree as defined in 46 section 240.30 of the penal law, aggravated harassment in the first 47 degree as defined in section 240.31 of the penal law, making a threat of 48 mass harm as defined in section 240.78 of the penal law, aggravated 49 threat of mass harm as defined in section 240.79 of the penal law or, 50 notwithstanding the provisions of subparagraph (vii) of this paragraph, 51 making a terroristic threat as defined in section 490.20 of the penal 52 law, and is alleged to have committed such offense against a school 53 district, school, school staff or a student. 54 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 55 criminal procedure law, paragraph (t) as amended and paragraph (u) as
A. 6597--A 3 1 added by section 4 of subpart B of part UU of chapter 56 of the laws of 2 2022, are amended and a new paragraph (v) is added to read as follows: 3 (t) any felony or class A misdemeanor involving harm to an identifi- 4 able person or property, or any charge of criminal possession of a 5 firearm as defined in section 265.01-b of the penal law, where such 6 charge arose from conduct occurring while the defendant was released on 7 [his or her] their own recognizance, released under conditions, or had 8 yet to be arraigned after the issuance of a desk appearance ticket for a 9 separate felony or class A misdemeanor involving harm to an identifiable 10 person or property, or any charge of criminal possession of a firearm as 11 defined in section 265.01-b of the penal law, provided, however, that 12 the prosecutor must show reasonable cause to believe that the defendant 13 committed the instant crime and any underlying crime. For the purposes 14 of this [subparagraph] paragraph, any of the underlying crimes need not 15 be a qualifying offense as defined in this subdivision. For the purposes 16 of this paragraph, "harm to an identifiable person or property" shall 17 include but not be limited to theft of or damage to property. However, 18 based upon a review of the facts alleged in the accusatory instrument, 19 if the court determines that such theft is negligible and does not 20 appear to be in furtherance of other criminal activity, the principal 21 shall be released on [his or her] their own recognizance or under appro- 22 priate non-monetary conditions; [or] 23 (u) criminal possession of a weapon in the third degree as defined in 24 subdivision three of section 265.02 of the penal law or criminal sale of 25 a firearm to a minor as defined in section 265.16 of the penal law[.]; 26 or 27 (v) aggravated harassment in the second degree as defined in section 28 240.30 of the penal law, aggravated harassment in the first degree as 29 defined in section 240.31 of the penal law, making a threat of mass harm 30 as defined in section 240.78 of the penal law, aggravated threat of mass 31 harm as defined in section 240.79 of the penal law or, notwithstanding 32 the provisions of paragraph (g) of this subdivision, making a terroris- 33 tic threat as defined in section 490.20 of the penal law, and is alleged 34 to have committed such offense against a school district, school, school 35 staff or a student. 36 § 4. This act shall take effect immediately.