STATE OF NEW YORK
________________________________________________________________________
5218
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. DURSO -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to concealment and/or mutila-
tion of a human corpse; and to amend the criminal procedure law, in
relation to authorizing bail for principals charged with concealment
and/or mutilation of a human corpse
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 195.02 of the penal law, as added by chapter 242 of
2 the laws of 2015, is amended to read as follows:
3 § 195.02 Concealment and/or mutilation of a human corpse.
4 A person is guilty of concealment and/or mutilation of a human corpse
5 when[, having a reasonable expectation that a human corpse or a part
6 thereof will be produced for or used as physical evidence in: (a) an
7 official proceeding; (b) an autopsy as part of a criminal investigation;
8 or (c) an examination by law enforcement personnel as part of a criminal
9 investigation;] such person, alone or in concert with another, conceals,
10 alters, mutilates and/or destroys such corpse or part thereof [with the
11 intent to prevent its production, use or discovery]. The provisions of
12 this section shall not apply to an individual or entity authorized to
13 accept an anatomical gift pursuant to section forty-three hundred two of
14 the public health law or to the lawful activities of a funeral director,
15 undertaker or embalmer under article thirty-four of the public health
16 law.
17 Concealment and/or mutilation of a human corpse is a class E felony.
18 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
19 criminal procedure law, paragraph (t) as amended and paragraph (u) as
20 added by section 2 of subpart B of part UU of chapter 56 of the laws of
21 2022, are amended and a new paragraph (v) is added to read as follows:
22 (t) any felony or class A misdemeanor involving harm to an identifi-
23 able person or property, or any charge of criminal possession of a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02153-01-5
A. 5218 2
1 firearm as defined in section 265.01-b of the penal law, where such
2 charge arose from conduct occurring while the defendant was released on
3 [his or her] such defendant's own recognizance, released under condi-
4 tions, or had yet to be arraigned after the issuance of a desk appear-
5 ance ticket for a separate felony or class A misdemeanor involving harm
6 to an identifiable person or property, or any charge of criminal
7 possession of a firearm as defined in section 265.01-b of the penal law,
8 provided, however, that the prosecutor must show reasonable cause to
9 believe that the defendant committed the instant crime and any underly-
10 ing crime. For the purposes of this subparagraph, any of the underlying
11 crimes need not be a qualifying offense as defined in this subdivision.
12 For the purposes of this paragraph, "harm to an identifiable person or
13 property" shall include but not be limited to theft of or damage to
14 property. However, based upon a review of the facts alleged in the accu-
15 satory instrument, if the court determines that such theft is negligible
16 and does not appear to be in furtherance of other criminal activity, the
17 principal shall be released on [his or her] such principal's own recog-
18 nizance or under appropriate non-monetary conditions; [or]
19 (u) criminal possession of a weapon in the third degree as defined in
20 subdivision three of section 265.02 of the penal law or criminal sale of
21 a firearm to a minor as defined in section 265.16 of the penal law[.];
22 or
23 (v) the concealment and/or mutilation of a human corpse pursuant to
24 section 195.02 of the penal law.
25 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
26 section 530.20 of the criminal procedure law, subparagraph (xx) as
27 amended and subparagraph (xxi) as added by section 4 of subpart C of
28 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
29 agraph (xxii) is added to read as follows:
30 (xx) any felony or class A misdemeanor involving harm to an identifi-
31 able person or property, or any charge of criminal possession of a
32 firearm as defined in section 265.01-b of the penal law where such
33 charge arose from conduct occurring while the defendant was released on
34 [his or her] such defendant's own recognizance, released under condi-
35 tions, or had yet to be arraigned after the issuance of a desk appear-
36 ance ticket for a separate felony or class A misdemeanor involving harm
37 to an identifiable person or property, provided, however, that the
38 prosecutor must show reasonable cause to believe that the defendant
39 committed the instant crime and any underlying crime. For the purposes
40 of this subparagraph, any of the underlying crimes need not be a quali-
41 fying offense as defined in this subdivision. For the purposes of this
42 paragraph, "harm to an identifiable person or property" shall include
43 but not be limited to theft of or damage to property. However, based
44 upon a review of the facts alleged in the accusatory instrument, if the
45 court determines that such theft is negligible and does not appear to be
46 in furtherance of other criminal activity, the principal shall be
47 released on [his or her] such principal's own recognizance or under
48 appropriate non-monetary conditions; [or]
49 (xxi) criminal possession of a weapon in the third degree as defined
50 in subdivision three of section 265.02 of the penal law or criminal sale
51 of a firearm to a minor as defined in section 265.16 of the penal
52 law[.]; or
53 (xxii) the concealment and/or mutilation of a human corpse pursuant
54 to section 195.02 of the penal law.
55 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
56 criminal procedure law, paragraph (t) as amended and paragraph (u) as
A. 5218 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] such defendant's own recognizance, released under condi-
8 tions, or had yet to be arraigned after the issuance of a desk appear-
9 ance ticket for a separate felony or class A misdemeanor involving harm
10 to an identifiable person or property, or any charge of criminal
11 possession of a firearm as defined in section 265.01-b of the penal law,
12 provided, however, that the prosecutor must show reasonable cause to
13 believe that the defendant committed the instant crime and any underly-
14 ing crime. For the purposes of this subparagraph, any of the underlying
15 crimes need not be a qualifying offense as defined in this subdivision.
16 For the purposes of this paragraph, "harm to an identifiable person or
17 property" shall include but not be limited to theft of or damage to
18 property. However, based upon a review of the facts alleged in the accu-
19 satory instrument, if the court determines that such theft is negligible
20 and does not appear to be in furtherance of other criminal activity, the
21 principal shall be released on [his or her] such principal's own recog-
22 nizance or under appropriate 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) the concealment and/or mutilation of a human corpse pursuant to
28 section 195.02 of the penal law.
29 § 5. This act shall take effect immediately.
