STATE OF NEW YORK ________________________________________________________________________ 6957 2025-2026 Regular Sessions IN ASSEMBLY March 18, 2025 ___________ Introduced by M. of A. MOLITOR -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law, in relation to providing judges with more discretion to impose bail on principals charged with a felony, principals charged with a misdemeanor when awaiting trial for another crime, principals who are a threat to the safety and secu- rity of the community, principals charged with a felony serving a sentence of probation or while released to post-release supervision, and requiring principals who have been charged with an offense related to three separate alleged instances of criminal activity are committed to the custody of the sheriff; and to repeal certain provisions of the criminal procedure law in relation thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 510.10 of the criminal procedure 2 law, as amended by section 2 of part UU of chapter 56 of the laws of 3 2020, the opening paragraph as amended by section 2 of subpart A of part 4 VV of chapter 56 of the laws of 2023, and paragraphs (s) and (t) as 5 amended and paragraph (u) as added by section 2 of subpart B of part UU 6 of chapter 56 of the laws of 2022, is amended to read as follows: 7 4. Where the principal stands charged with a qualifying offense, the 8 court, unless otherwise prohibited by law, may in its discretion release 9 the principal pending trial on the principal's own recognizance or under 10 non-monetary conditions, fix bail, or order non-monetary conditions in 11 conjunction with fixing bail, or, where the defendant is charged with a 12 qualifying offense [which is a felony], the court may commit the princi- 13 pal to the custody of the sheriff. A principal stands charged with a 14 qualifying offense for the purposes of this subdivision when [he or she] 15 such principal stands charged with: 16 (a) a felony [enumerated in section 70.02 of the penal law, other than 17 robbery in the second degree as defined in subdivision one of section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09359-04-5
A. 6957 2 1 160.10 of the penal law, provided, however, that burglary in the second 2 degree as defined in subdivision two of section 140.25 of the penal law 3 shall be a qualifying offense only where the defendant is charged with 4 entering the living area of the dwelling]; 5 (b) [a crime involving witness intimidation under section 215.15 of 6 the penal law; 7 (c) a crime involving witness tampering under section 215.11, 215.12 8 or 215.13 of the penal law; 9 (d) a class A felony defined in the penal law, provided that for class 10 A felonies under article two hundred twenty of the penal law, only class 11 A-I felonies shall be a qualifying offense; 12 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 13 the penal law, or a felony sex offense defined in section 70.80 of the 14 penal law, or a crime involving incest as defined in section 255.25, 15 255.26 or 255.27 of such law, or] a misdemeanor defined in article one 16 hundred thirty of [such] the penal law; 17 [(f) conspiracy in the second degree as defined in section 105.15 of 18 the penal law, where the underlying allegation of such charge is that 19 the defendant conspired to commit a class A felony defined in article 20 one hundred twenty-five of the penal law; 21 (g) money laundering in support of terrorism in the first degree as 22 defined in section 470.24 of the penal law; money laundering in support 23 of terrorism in the second degree as defined in section 470.23 of the 24 penal law; money laundering in support of terrorism in the third degree 25 as defined in section 470.22 of the penal law; money laundering in 26 support of terrorism in the fourth degree as defined in section 470.21 27 of the penal law; or a felony crime of terrorism as defined in article 28 four hundred ninety of the penal law, other than the crime defined in 29 section 490.20 of such law; 30 (h) criminal contempt in the second degree as defined in subdivision 31 three of section 215.50 of the penal law, criminal contempt in the first 32 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 33 the penal law or aggravated criminal contempt as defined in section 34 215.52 of the penal law, and the underlying allegation of such charge of 35 criminal contempt in the second degree, criminal contempt in the first 36 degree or aggravated criminal contempt is that the defendant violated a 37 duly served order of protection where the protected party is a member of 38 the defendant's same family or household as defined in subdivision one 39 of section 530.11 of this title; 40 (i) facilitating a sexual performance by a child with a controlled 41 substance or alcohol as defined in section 263.30 of the penal law, use 42 of a child in a sexual performance as defined in section 263.05 of the 43 penal law or luring a child as defined in subdivision one of section 44 120.70 of the penal law, promoting an obscene sexual performance by a 45 child as defined in section 263.10 of the penal law or promoting a sexu- 46 al performance by a child as defined in section 263.15 of the penal law; 47 (j)] (c) any crime that is alleged to have caused the death of another 48 person; 49 [(k)] (d) assault in the third degree as defined in section 120.00 of 50 the penal law, menacing in the second degree as defined in section 51 120.14 of the penal law, menacing in the third degree as defined in 52 section 120.15 of the penal law, reckless endangerment in the second 53 degree as defined in section 120.20 of the penal law, stalking in the 54 fourth degree as defined in section 120.45 of the penal law, stalking in 55 the third degree as defined in section 120.50 of the penal law, criminal 56 obstruction of breathing or blood circulation as defined in section
A. 6957 3 1 121.11 of the penal law, [strangulation in the second degree as defined 2 in section 121.12 of the penal law or unlawful imprisonment in the first 3 degree as defined in section 135.10 of the penal law,] unlawful impri- 4 sonment in the second degree as defined in section 135.05 of the penal 5 law, coercion in the third degree as defined in section 135.60 of the 6 penal law, criminal mischief in the fourth degree as defined in section 7 145.00 of the penal law, harassment in the first degree as defined in 8 section 240.25 of the penal law, or aggravated harassment in the second 9 degree as defined in subdivision one, two or four of section 240.30 of 10 the penal law and is alleged to have committed the offense against a 11 member of the defendant's same family or household as defined in subdi- 12 vision one of section 530.11 of this title; 13 [(l) aggravated vehicular assault as defined in section 120.04-a of 14 the penal law or vehicular assault in the first degree as defined in 15 section 120.04 of the penal law; 16 (m) assault in the third degree as defined in section 120.00 of the 17 penal law or arson in the third degree as defined in section 150.10 of 18 the penal law,] (e) any crime defined in the penal law when such crime 19 is charged as a hate crime as defined in section 485.05 of the penal 20 law; 21 [(n) aggravated assault upon a person less than eleven years old as 22 defined in section 120.12 of the penal law or criminal possession of a 23 weapon on school grounds as defined in section 265.01-a of the penal 24 law; 25 (o) grand larceny in the first degree as defined in section 155.42 of 26 the penal law, enterprise corruption as defined in section 460.20 of the 27 penal law, or money laundering in the first degree as defined in section 28 470.20 of the penal law; 29 (p) failure to register as a sex offender pursuant to section one 30 hundred sixty-eight-t of the correction law or] (f) endangering the 31 welfare of a child as defined in subdivision one of section 260.10 of 32 the penal law, where the defendant is required to maintain registration 33 under article six-C of the correction law and designated a level three 34 offender pursuant to subdivision six of section one hundred 35 sixty-eight-l of the correction law; 36 [(q) a crime involving bail jumping under section 215.55, 215.56 or 37 215.57 of the penal law, or] (g) a crime involving escaping from custody 38 under section 205.05[, 205.10 or 205.15] of the penal law; 39 [(r)] (h) any crime defined in article two hundred fifteen of the 40 penal law; 41 (i) any [felony offense] crime defined in the penal law committed by 42 the principal while serving a sentence of probation or while released to 43 post release supervision; 44 [(s) a felony, where the defendant qualifies for sentencing on such 45 charge as a persistent felony offender pursuant to section 70.10 of the 46 penal law; 47 (t) any felony or class A misdemeanor involving harm to an identifi- 48 able person or property, or any charge of criminal possession of a 49 firearm as defined in section 265.01-b of the penal law, where such 50 charge arose from conduct occurring while the defendant was released on 51 his or her own recognizance, released under conditions, or had yet to be 52 arraigned after the issuance of a desk appearance ticket for a separate 53 felony or class A misdemeanor involving harm to an identifiable person 54 or property, or any charge of criminal possession of a firearm as 55 defined in section 265.01-b of the penal law, provided, however, that 56 the prosecutor must show reasonable cause to believe that the defendant
A. 6957 4 1 committed the instant crime and any underlying crime. For the purposes 2 of this subparagraph, any of the underlying crimes need not be a quali- 3 fying offense as defined in this subdivision. For the purposes of this 4 paragraph, "harm to an identifiable person or property" shall include 5 but not be limited to theft of or damage to property. However, based 6 upon a review of the facts alleged in the accusatory instrument, if the 7 court determines that such theft is negligible and does not appear to be 8 in furtherance of other criminal activity, the principal shall be 9 released on his or her own recognizance or under appropriate non-mone- 10 tary conditions;] or 11 [(u) criminal possession of a weapon in the third degree as defined in 12 subdivision three of section 265.02 of the penal law or criminal sale of 13 a firearm to a minor as defined in section 265.16 of the penal law] (j) 14 any misdemeanor defined in the penal law committed after the principal 15 has been released pending trial on the principal's own recognizance, 16 under non-monetary conditions, bail, or non-monetary conditions in 17 conjunction with fixing bail. 18 § 2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 19 procedure law, as amended by section 3 of part UU of chapter 56 of the 20 laws of 2020, the opening paragraph as amended by section 6 of subpart A 21 of part VV of chapter 56 of the laws of 2023, and paragraphs (xix) and 22 (xx) as amended and paragraph (xxi) as added by section 4 of subpart C 23 of part UU of chapter 56 of the laws of 2022, is amended to read as 24 follows: 25 (b) Where the principal stands charged with a qualifying offense, the 26 court, unless otherwise prohibited by law, may in its discretion release 27 the principal pending trial on the principal's own recognizance or under 28 non-monetary conditions, fix bail, order non-monetary conditions in 29 conjunction with fixing bail, or, where the defendant is charged with a 30 qualifying offense which is a felony, the court may commit the principal 31 to the custody of the sheriff. The court shall explain its choice of 32 securing order on the record or in writing. A principal stands charged 33 with a qualifying offense when [he or she] such principal stands charged 34 with: 35 (i) a felony [enumerated in section 70.02 of the penal law, other than 36 robbery in the second degree as defined in subdivision one of section 37 160.10 of the penal law, provided, however, that burglary in the second 38 degree as defined in subdivision two of section 140.25 of the penal law 39 shall be a qualifying offense only where the defendant is charged with 40 entering the living area of the dwelling]; 41 (ii) [a crime involving witness intimidation under section 215.15 of 42 the penal law; 43 (iii) a crime involving witness tampering under section 215.11, 215.12 44 or 215.13 of the penal law; 45 (iv) a class A felony defined in the penal law, provided, that for 46 class A felonies under article two hundred twenty of such law, only 47 class A-I felonies shall be a qualifying offense; 48 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of 49 the penal law, or a felony sex offense defined in section 70.80 of the 50 penal law or a crime involving incest as defined in section 255.25, 51 255.26 or 255.27 of such law, or] a misdemeanor defined in article one 52 hundred thirty of [such] the penal law; 53 [(vi) conspiracy in the second degree as defined in section 105.15 of 54 the penal law, where the underlying allegation of such charge is that 55 the defendant conspired to commit a class A felony defined in article 56 one hundred twenty-five of the penal law;
A. 6957 5 1 (vii) money laundering in support of terrorism in the first degree as 2 defined in section 470.24 of the penal law; money laundering in support 3 of terrorism in the second degree as defined in section 470.23 of the 4 penal law; money laundering in support of terrorism in the third degree 5 as defined in section 470.22 of the penal law; money laundering in 6 support of terrorism in the fourth degree as defined in section 470.21 7 of the penal law; or a felony crime of terrorism as defined in article 8 four hundred ninety of the penal law, other than the crime defined in 9 section 490.20 of such law; 10 (viii) criminal contempt in the second degree as defined in subdivi- 11 sion three of section 215.50 of the penal law, criminal contempt in the 12 first degree as defined in subdivision (b), (c) or (d) of section 215.51 13 of the penal law or aggravated criminal contempt as defined in section 14 215.52 of the penal law, and the underlying allegation of such charge of 15 criminal contempt in the second degree, criminal contempt in the first 16 degree or aggravated criminal contempt is that the defendant violated a 17 duly served order of protection where the protected party is a member of 18 the defendant's same family or household as defined in subdivision one 19 of section 530.11 of this article; 20 (ix) facilitating a sexual performance by a child with a controlled 21 substance or alcohol as defined in section 263.30 of the penal law, use 22 of a child in a sexual performance as defined in section 263.05 of the 23 penal law or luring a child as defined in subdivision one of section 24 120.70 of the penal law, promoting an obscene sexual performance by a 25 child as defined in section 263.10 of the penal law or promoting a sexu- 26 al performance by a child as defined in section 263.15 of the penal law; 27 (x)] (iii) any crime that is alleged to have caused the death of 28 another person; 29 [(xi)] (iv) assault in the third degree as defined in section 120.00 30 of the penal law, menacing in the second degree as defined in section 31 120.14 of the penal law, menacing in the third degree as defined in 32 section 120.15 of the penal law, reckless endangerment in the second 33 degree as defined in section 120.20 of the penal law, stalking in the 34 fourth degree as defined in section 120.45 of the penal law, stalking in 35 the third degree as defined in section 120.50 of the penal law, criminal 36 obstruction of breathing or blood circulation as defined in section 37 121.11 of the penal law, [strangulation in the second degree as defined 38 in section 121.12 of the penal law or unlawful imprisonment in the first 39 degree as defined in section 135.10 of the penal law,] unlawful impri- 40 sonment in the second degree as defined in section 135.05 of the penal 41 law, coercion in the third degree as defined in section 135.60 of the 42 penal law, criminal mischief in the fourth degree as defined in section 43 145.00 of the penal law, harassment in the first degree as defined in 44 section 240.25 of the penal law, or aggravated harassment in the second 45 degree as defined in subdivision one, two or four of section 240.30 of 46 the penal law and is alleged to have committed the offense against a 47 member of the defendant's same family or household as defined in subdi- 48 vision one of section 530.11 of this article; 49 [(xii) aggravated vehicular assault as defined in section 120.04-a of 50 the penal law or vehicular assault in the first degree as defined in 51 section 120.04 of the penal law; 52 (xiii) assault in the third degree as defined in section 120.00 of the 53 penal law or arson in the third degree as defined in section 150.10 of 54 the penal law,] (v) any crime defined in the penal law when such crime 55 is charged as a hate crime as defined in section 485.05 of the penal 56 law;
A. 6957 6 1 [(xiv) aggravated assault upon a person less than eleven years old as 2 defined in section 120.12 of the penal law or criminal possession of a 3 weapon on school grounds as defined in section 265.01-a of the penal 4 law; 5 (xv) grand larceny in the first degree as defined in section 155.42 of 6 the penal law, enterprise corruption as defined in section 460.20 of the 7 penal law, or money laundering in the first degree as defined in section 8 470.20 of the penal law; 9 (xvi) failure to register as a sex offender pursuant to section one 10 hundred sixty-eight-t of the correction law or] (vi) endangering the 11 welfare of a child as defined in subdivision one of section 260.10 of 12 the penal law, where the defendant is required to maintain registration 13 under article six-C of the correction law and designated a level three 14 offender pursuant to subdivision six of section one hundred 15 sixty-eight-l of the correction law; 16 [(xvii) a crime involving bail jumping under section 215.55, 215.56 or 17 215.57 of the penal law, or] (vii) a crime involving escaping from 18 custody under section 205.05[, 205.10 or 205.15] of the penal law; 19 [(xviii)] (viii) any crime defined in article two hundred fifteen of 20 the penal law; 21 (ix) any [felony offense] crime defined in the penal law committed by 22 the principal while serving a sentence of probation or while released to 23 post release supervision; 24 [(xix) a felony, where the defendant qualifies for sentencing on such 25 charge as a persistent felony offender pursuant to section 70.10 of the 26 penal law; 27 (xx) any felony or class A misdemeanor involving harm to an identifi- 28 able person or property, or any charge of criminal possession of a 29 firearm as defined in section 265.01-b of the penal law where such 30 charge arose from conduct occurring while the defendant was released on 31 his or her own recognizance, released under conditions, or had yet to be 32 arraigned after the issuance of a desk appearance ticket for a separate 33 felony or class A misdemeanor involving harm to an identifiable person 34 or property, provided, however, that the prosecutor must show reasonable 35 cause to believe that the defendant committed the instant crime and any 36 underlying crime. For the purposes of this subparagraph, any of the 37 underlying crimes need not be a qualifying offense as defined in this 38 subdivision. For the purposes of this paragraph, "harm to an identifi- 39 able person or property" shall include but not be limited to theft of or 40 damage to property. However, based upon a review of the facts alleged in 41 the accusatory instrument, if the court determines that such theft is 42 negligible and does not appear to be in furtherance of other criminal 43 activity, the principal shall be released on his or her own recognizance 44 or under appropriate non-monetary conditions;] or 45 [(xxi) criminal possession of a weapon in the third degree as defined 46 in subdivision three of section 265.02 of the penal law or criminal sale 47 of a firearm to a minor as defined in section 265.16 of the penal law] 48 (x) any misdemeanor committed after the principal has been released 49 pending trial on the principal's own recognizance, under non-monetary 50 conditions, bail, or non-monetary conditions in conjunction with fixing 51 bail. 52 § 3. Subdivision 4 of section 530.40 of the criminal procedure law, as 53 amended by section 4 of part UU of chapter 56 of the laws of 2020, the 54 opening paragraph as amended by section 8 of subpart A of part VV of 55 chapter 56 of the laws of 2023, and paragraphs (s) and (t) as amended
A. 6957 7 1 and paragraph (u) as added by section 4 of subpart B of part UU of chap- 2 ter 56 of the laws of 2022, is amended to read as follows: 3 4. Where the principal stands charged with a qualifying offense, the 4 court, unless otherwise prohibited by law, may in its discretion, and in 5 accordance with section 510.10 of this title, release the principal 6 pending trial on the principal's own recognizance or under non-monetary 7 conditions, fix bail, or order non-monetary conditions in conjunction 8 with fixing bail, or, where the defendant is charged with a qualifying 9 offense [which is a felony], the court may commit the principal to the 10 custody of the sheriff. The court shall explain the basis for its deter- 11 mination and its choice of securing order on the record or in writing. A 12 principal stands charged with a qualifying offense for the purposes of 13 this subdivision when [he or she] such principal stands charged with: 14 (a) a felony [enumerated in section 70.02 of the penal law, other than 15 robbery in the second degree as defined in subdivision one of section 16 160.10 of the penal law, provided, however, that burglary in the second 17 degree as defined in subdivision two of section 140.25 of the penal law 18 shall be a qualifying offense only where the defendant is charged with 19 entering the living area of the dwelling]; 20 (b) [a crime involving witness intimidation under section 215.15 of 21 the penal law; 22 (c) a crime involving witness tampering under section 215.11, 215.12 23 or 215.13 of the penal law; 24 (d) a class A felony defined in the penal law, provided that for class 25 A felonies under article two hundred twenty of such law, only class A-I 26 felonies shall be a qualifying offense; 27 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 28 the penal law, or a felony sex offense defined in section 70.80 of the 29 penal law or a crime involving incest as defined in section 255.25, 30 255.26 or 255.27 of such law, or] a misdemeanor defined in article one 31 hundred thirty of [such] the penal law; 32 [(f) conspiracy in the second degree as defined in section 105.15 of 33 the penal law, where the underlying allegation of such charge is that 34 the defendant conspired to commit a class A felony defined in article 35 one hundred twenty-five of the penal law; 36 (g) money laundering in support of terrorism in the first degree as 37 defined in section 470.24 of the penal law; money laundering in support 38 of terrorism in the second degree as defined in section 470.23 of the 39 penal law; money laundering in support of terrorism in the third degree 40 as defined in section 470.22 of the penal law; money laundering in 41 support of terrorism in the fourth degree as defined in section 470.21 42 of the penal law; or a felony crime of terrorism as defined in article 43 four hundred ninety of the penal law, other than the crime defined in 44 section 490.20 of such law; 45 (h) criminal contempt in the second degree as defined in subdivision 46 three of section 215.50 of the penal law, criminal contempt in the first 47 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 48 the penal law or aggravated criminal contempt as defined in section 49 215.52 of the penal law, and the underlying allegation of such charge of 50 criminal contempt in the second degree, criminal contempt in the first 51 degree or aggravated criminal contempt is that the defendant violated a 52 duly served order of protection where the protected party is a member of 53 the defendant's same family or household as defined in subdivision one 54 of section 530.11 of this article; 55 (i) facilitating a sexual performance by a child with a controlled 56 substance or alcohol as defined in section 263.30 of the penal law, use
A. 6957 8 1 of a child in a sexual performance as defined in section 263.05 of the 2 penal law or luring a child as defined in subdivision one of section 3 120.70 of the penal law, promoting an obscene sexual performance by a 4 child as defined in section 263.10 of the penal law or promoting a sexu- 5 al performance by a child as defined in section 263.15 of the penal law; 6 (j)] (c) any crime that is alleged to have caused the death of another 7 person; 8 [(k)] (d) assault in the third degree as defined in section 120.00 of 9 the penal law, menacing in the second degree as defined in section 10 120.14 of the penal law, menacing in the third degree as defined in 11 section 120.15 of the penal law, reckless endangerment in the second 12 degree as defined in section 120.20 of the penal law, stalking in the 13 fourth degree as defined in section 120.45 of the penal law, stalking in 14 the third degree as defined in section 120.50 of the penal law, criminal 15 obstruction of breathing or blood circulation as defined in section 16 121.11 of the penal law, [strangulation in the second degree as defined 17 in section 121.12 of the penal law or unlawful imprisonment in the first 18 degree as defined in section 135.10 of the penal law,] unlawful impri- 19 sonment in the second degree as defined in section 135.05 of the penal 20 law, coercion in the third degree as defined in section 135.60 of the 21 penal law, criminal mischief in the fourth degree as defined in section 22 145.00 of the penal law, harassment in the first degree as defined in 23 section 240.25 of the penal law, or aggravated harassment in the second 24 degree as defined in subdivision one, two or four of section 240.30 of 25 the penal law and is alleged to have committed the offense against a 26 member of the defendant's same family or household as defined in subdi- 27 vision one of section 530.11 of this article; 28 [(l) aggravated vehicular assault as defined in section 120.04-a of 29 the penal law or vehicular assault in the first degree as defined in 30 section 120.04 of the penal law; 31 (m) assault in the third degree as defined in section 120.00 of the 32 penal law or arson in the third degree as defined in section 150.10 of 33 the penal law,] (e) any crime defined in the penal law when such crime 34 is charged as a hate crime as defined in section 485.05 of the penal 35 law; 36 [(n) aggravated assault upon a person less than eleven years old as 37 defined in section 120.12 of the penal law or criminal possession of a 38 weapon on school grounds as defined in section 265.01-a of the penal 39 law; 40 (o) grand larceny in the first degree as defined in section 155.42 of 41 the penal law, enterprise corruption as defined in section 460.20 of the 42 penal law, or money laundering in the first degree as defined in section 43 470.20 of the penal law; 44 (p) failure to register as a sex offender pursuant to section one 45 hundred sixty-eight-t of the correction law or] (f) endangering the 46 welfare of a child as defined in subdivision one of section 260.10 of 47 the penal law, where the defendant is required to maintain registration 48 under article six-C of the correction law and designated a level three 49 offender pursuant to subdivision six of section one hundred 50 sixty-eight-l of the correction law; 51 [(q) a crime involving bail jumping under section 215.55, 215.56 or 52 215.57 of the penal law, or] (g) a crime involving escaping from custody 53 under section 205.05[, 205.10 or 205.15] of the penal law; 54 [(r)] (h) any crime defined in article two hundred fifteen of the 55 penal law;
A. 6957 9 1 (i) any [felony offense] crime defined in the penal law committed by 2 the principal while serving a sentence of probation or while released to 3 post release supervision; 4 [(s) a felony, where the defendant qualifies for sentencing on such 5 charge as a persistent felony offender pursuant to section 70.10 of the 6 penal law; 7 (t) any felony or class A misdemeanor involving harm to an identifi- 8 able person or property, or any charge of criminal possession of a 9 firearm as defined in section 265.01-b of the penal law, where such 10 charge arose from conduct occurring while the defendant was released on 11 his or her own recognizance, released under conditions, or had yet to be 12 arraigned after the issuance of a desk appearance ticket for a separate 13 felony or class A misdemeanor involving harm to an identifiable person 14 or property, or any charge of criminal possession of a firearm as 15 defined in section 265.01-b of the penal law, provided, however, that 16 the 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 own recognizance or under appropriate non-mone- 26 tary conditions;] or 27 [(u) criminal possession of a weapon in the third degree as defined in 28 subdivision three of section 265.02 of the penal law or criminal sale of 29 a firearm to a minor as defined in section 265.16 of the penal law] (j) 30 any misdemeanor committed after the principal has been released pending 31 trial on the principal's own recognizance, under non-monetary condi- 32 tions, bail, or non-monetary conditions in conjunction with fixing bail. 33 § 4. The opening paragraph of subdivision 1 of section 510.10 of the 34 criminal procedure law, as amended by section 2 of subpart A of part VV 35 of chapter 56 of the laws of 2023, is amended to read as follows: 36 When a principal, whose future court attendance at a criminal action 37 or proceeding is or may be required, comes under the control of a court, 38 such court shall impose a securing order in accordance with this title. 39 Except as otherwise required by law, the court shall make an individual- 40 ized determination as to whether the principal poses a risk or threat of 41 physical danger to the safety and security of any person or the communi- 42 ty and make an individualized determination as to whether the principal 43 poses a risk of flight to avoid prosecution[,]. The court shall consider 44 the kind and degree of control or restriction necessary to reasonably 45 assure the principal's return to court and the safety and security of 46 any person or the community, and select a securing order consistent with 47 its determination under this subdivision. The court shall explain the 48 basis for its determination and its choice of securing order on the 49 record or in writing. In making a determination under this subdivision, 50 the court must consider and take into account available information 51 about the principal, including: 52 § 5. Paragraph (a) of subdivision 2 of section 530.20 of the criminal 53 procedure law, as amended by section 16 of part JJJ of chapter 59 of the 54 laws of 2019, is amended to read as follows: 55 (a) A city court, a town court or a village court may not order recog- 56 nizance or bail when (i) the defendant is charged with a class A felony,
A. 6957 10 1 [or] (ii) the defendant has two previous felony convictions, (iii) the 2 defendant is serving a sentence of felony probation, (iv) participating 3 in interim probation on a felony charge, or (v) while released to post 4 release supervision; 5 § 6. Section 530.60 of the criminal procedure law is REPEALED and a 6 new section 530.60 is added to read as follows: 7 § 530.60 Certain modifications of a securing order. 8 1. Whenever in the course of a criminal action or proceeding a defend- 9 ant is at liberty as a result of an order of recognizance, release under 10 non-monetary conditions or bail issued pursuant to this chapter, and the 11 court considers it necessary to review such order, whether due to a 12 motion by the people or otherwise, the court may, by a bench warrant if 13 necessary, require the defendant to appear before the court. Upon such 14 appearance, the court, for good cause shown, may revoke the order of 15 recognizance, release under non-monetary conditions, or bail. If the 16 defendant is entitled to recognizance, release under non-monetary condi- 17 tions, or bail as a matter of right, the court must issue another such 18 order. If the defendant is not, the court may either issue such an order 19 or commit the defendant to the custody of the sheriff in accordance with 20 this section. 21 For the purposes of this subdivision, "good cause" shall mean: the 22 principal failed to appear; the principal has violated a court order; or 23 that the court is satisfied by a preponderance of the evidence that the 24 principal has been charged with any crime since the order of recogni- 25 zance, release under non-monetary conditions, or bail was entered. 26 Where the defendant is committed to the custody of the sheriff and is 27 held on a felony complaint, a new period as provided in section 180.80 28 of this chapter shall commence to run from the time of the defendant's 29 commitment under this subdivision unless the defendant previously waived 30 or conducted their preliminary hearing. 31 2. Notwithstanding the provisions of this section or any other law, 32 whenever in the course of a criminal action or proceeding a defendant 33 charged with the commission of an offense is at liberty as a result of a 34 securing order issued pursuant to this article or section 510.10 of this 35 title it shall be grounds for revoking such order and committing such 36 defendant to the custody of the sheriff when the court has found, by a 37 preponderance of the evidence, that the defendant stands charged in such 38 action or proceeding with an offense and, after being so charged, 39 committed a subsequent offense while at liberty and, after being so 40 charged on such subsequent offense, committed a further subsequent 41 offense. 42 § 7. This act shall take effect immediately.