Includes offenses involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail.
STATE OF NEW YORK
________________________________________________________________________
632
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. BARCLAY, GALLAHAN, JENSEN, McDONOUGH, GANDOLFO,
RA, K. BROWN, SMITH, ANGELINO, DURSO, MORINELLO, REILLY, LEMONDES,
SIMPSON, TANNOUSIS, PALMESANO, WALSH, BRABENEC, CHANG, BLUMENCRANZ,
BROOK-KRASNY, NOVAKHOV -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law, in relation to including
offenses involving the possession, display or discharge of a firearm,
rifle, shotgun, machine-gun, or disguised gun as qualifying offenses
for the purpose of allowing a principal to be eligible to be held on
bail
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, any of the underlying crimes need not be a quali-
18 fying offense as defined in this subdivision. For the purposes of this
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00133-01-5
A. 632 2
1 paragraph, "harm to an identifiable person or property" shall include
2 but not be limited to theft of or damage to property. However, based
3 upon a review of the facts alleged in the accusatory instrument, if the
4 court determines that such theft is negligible and does not appear to be
5 in furtherance of other criminal activity, the principal shall be
6 released on [his or her] their own recognizance or under appropriate
7 non-monetary conditions; [or]
8 (u) criminal possession of a weapon in the third degree as defined in
9 subdivision three of section 265.02 of the penal law or criminal sale of
10 a firearm to a minor as defined in section 265.16 of the penal law[.];
11 or
12 (v) any misdemeanor or felony offense as defined in the penal law
13 involving the possession, display or discharge of a firearm, rifle,
14 shotgun, machine-gun, or disguised gun.
15 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
16 section 530.20 of the criminal procedure law, subparagraph (xx) as
17 amended and subparagraph (xxi) as added by section 4 of subpart C of
18 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
19 agraph (xxii) is added to read as follows:
20 (xx) any felony or class A misdemeanor involving harm to an identifi-
21 able person or property, or any charge of criminal possession of a
22 firearm as defined in section 265.01-b of the penal law where such
23 charge arose from conduct occurring while the defendant was released on
24 [his or her] their own recognizance, released under conditions, or had
25 yet to be arraigned after the issuance of a desk appearance ticket for a
26 separate felony or class A misdemeanor involving harm to an identifiable
27 person or property, provided, however, that the prosecutor must show
28 reasonable cause to believe that the defendant committed the instant
29 crime and any underlying crime. For the purposes of this subparagraph,
30 any of the underlying crimes need not be a qualifying offense as defined
31 in this subdivision. For the purposes of this paragraph, "harm to an
32 identifiable person or property" shall include but not be limited to
33 theft of or damage to property. However, based upon a review of the
34 facts alleged in the accusatory instrument, if the court determines that
35 such theft is negligible and does not appear to be in furtherance of
36 other criminal activity, the principal shall be released on [his or her]
37 their own recognizance or under appropriate non-monetary conditions;
38 [or]
39 (xxi) criminal possession of a weapon in the third degree as defined
40 in subdivision three of section 265.02 of the penal law or criminal sale
41 of a firearm to a minor as defined in section 265.16 of the penal
42 law[.]; or
43 (xxii) any misdemeanor or felony offense as defined in the penal law
44 involving the possession, display or discharge of a firearm, rifle,
45 shotgun, machine-gun, or disguised gun.
46 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
47 criminal procedure law, paragraph (t) as amended and paragraph (u) as
48 added by section 4 of subpart B of part UU of chapter 56 of the laws of
49 2022, are amended and a new paragraph (v) is added to read as follows:
50 (t) any felony or class A misdemeanor involving harm to an identifi-
51 able person or property, or any charge of criminal possession of a
52 firearm as defined in section 265.01-b of the penal law, where such
53 charge arose from conduct occurring while the defendant was released on
54 [his or her] their own recognizance, released under conditions, or had
55 yet to be arraigned after the issuance of a desk appearance ticket for a
56 separate felony or class A misdemeanor involving harm to an identifiable
A. 632 3
1 person or property, or any charge of criminal possession of a firearm as
2 defined in section 265.01-b of the penal law, provided, however, that
3 the prosecutor must show reasonable cause to believe that the defendant
4 committed the instant crime and any underlying crime. For the purposes
5 of this subparagraph, any of the underlying crimes need not be a quali-
6 fying offense as defined in this subdivision. For the purposes of this
7 paragraph, "harm to an identifiable person or property" shall include
8 but not be limited to theft of or damage to property. However, based
9 upon a review of the facts alleged in the accusatory instrument, if the
10 court determines that such theft is negligible and does not appear to be
11 in furtherance of other criminal activity, the principal shall be
12 released on [his or her] their own recognizance or under appropriate
13 non-monetary conditions; [or]
14 (u) criminal possession of a weapon in the third degree as defined in
15 subdivision three of section 265.02 of the penal law or criminal sale of
16 a firearm to a minor as defined in section 265.16 of the penal law[.];
17 or
18 (v) any misdemeanor or felony offense as defined in the penal law
19 involving the possession, display or discharge of a firearm, rifle,
20 shotgun, machine-gun, or disguised gun.
21 § 4. This act shall take effect immediately.
