Adds a defendant's identifiable ties to the community, state, and/or county to judges' considerations of whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family.
STATE OF NEW YORK
________________________________________________________________________
5748
2025-2026 Regular Sessions
IN ASSEMBLY
February 20, 2025
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to adding a
defendant's identifiable ties to the community, state, and/or county
to judges' considerations of whether to fix a securing order
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (i) and (j) of subdivision 1 of section 510.10
2 of the criminal procedure law, as added by section 1 of subpart C of
3 part UU of chapter 56 of the laws of 2022, are amended and a new para-
4 graph (k) is added to read as follows:
5 (i) Whether the charge is alleged to have caused serious harm to an
6 individual or group of individuals; [and]
7 (j) If the principal is a defendant, in the case of an application for
8 a securing order pending appeal, the merit or lack of merit of the
9 appeal[.]; and
10 (k) If the principal is a defendant, whether the principal has two or
11 more identifiable ties to the community, state, and/or county, includ-
12 ing, but not limited to:
13 (i) residence;
14 (ii) employment;
15 (iii) enrollment with an educational institution;
16 (iv) immediate family.
17 § 2. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10048-01-5
