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
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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.
