STATE OF NEW YORK
________________________________________________________________________
6074
2025-2026 Regular Sessions
IN ASSEMBLY
February 26, 2025
___________
Introduced by M. of A. KAY -- read once and referred to the Committee on
Codes
AN ACT to amend the criminal procedure law, in relation to securing
orders for principals charged with arson felony offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Billy's law".
2 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
3 criminal procedure law, paragraph (t) as amended and paragraph (u) as
4 added by section 2 of subpart B of part UU of chapter 56 of the laws of
5 2022, are amended and a new paragraph (v) is added to read as 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
19 paragraph, "harm to an identifiable person or property" shall include
20 but not be limited to theft of or damage to property. However, based
21 upon a review of the facts alleged in the accusatory instrument, if the
22 court determines that such theft is negligible and does not appear to be
23 in furtherance of other criminal activity, the principal shall be
24 released on [his or her] their own recognizance or under appropriate
25 non-monetary conditions; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00083-01-5
A. 6074 2
1 (u) criminal possession of a weapon in the third degree as defined in
2 subdivision three of section 265.02 of the penal law or criminal sale of
3 a firearm to a minor as defined in section 265.16 of the penal law[.];
4 or
5 (v) arson in the fourth degree as defined in section 150.05 of the
6 penal law or arson in the third degree as defined in section 150.10 of
7 the penal law.
8 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
9 section 530.20 of the criminal procedure law, subparagraph (xx) as
10 amended and subparagraph (xxi) as added by section 4 of subpart C of
11 part UU of chapter 56 of the laws of 2022, are amended and a new
12 subparagraph (xxii) is added to read as follows:
13 (xx) any felony or class A misdemeanor involving harm to an identifi-
14 able person or property, or any charge of criminal possession of a
15 firearm as defined in section 265.01-b of the penal law where such
16 charge arose from conduct occurring while the defendant was released on
17 [his or her] their own recognizance, released under conditions, or had
18 yet to be arraigned after the issuance of a desk appearance ticket for a
19 separate felony or class A misdemeanor involving harm to an identifiable
20 person or property, provided, however, that the prosecutor must show
21 reasonable cause to believe that the defendant committed the instant
22 crime and any underlying crime. For the purposes of this subparagraph,
23 any of the underlying crimes need not be a qualifying offense as defined
24 in this subdivision. For the purposes of this paragraph, "harm to an
25 identifiable person or property" shall include but not be limited to
26 theft of or damage to property. However, based upon a review of the
27 facts alleged in the accusatory instrument, if the court determines that
28 such theft is negligible and does not appear to be in furtherance of
29 other criminal activity, the principal shall be released on [his or her]
30 their own recognizance or under appropriate non-monetary conditions;
31 [or]
32 (xxi) criminal possession of a weapon in the third degree as defined
33 in subdivision three of section 265.02 of the penal law or criminal sale
34 of a firearm to a minor as defined in section 265.16 of the penal
35 law[.]; or
36 (xxii) arson in the fourth degree as defined in section 150.05 of the
37 penal law or arson in the third degree as defined in section 150.10 of
38 the penal law.
39 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
40 criminal procedure law, paragraph (t) as amended and paragraph (u) as
41 added by section 4 of subpart B of part UU of chapter 56 of the laws of
42 2022, are amended and a new paragraph (v) is added to read as follows:
43 (t) any felony or class A misdemeanor involving harm to an identifi-
44 able person or property, or any charge of criminal possession of a
45 firearm as defined in section 265.01-b of the penal law, where such
46 charge arose from conduct occurring while the defendant was released on
47 [his or her] their own recognizance, released under conditions, or had
48 yet to be arraigned after the issuance of a desk appearance ticket for a
49 separate felony or class A misdemeanor involving harm to an identifiable
50 person or property, or any charge of criminal possession of a firearm as
51 defined in section 265.01-b of the penal law, provided, however, that
52 the prosecutor must show reasonable cause to believe that the defendant
53 committed the instant crime and any underlying crime. For the purposes
54 of this subparagraph, any of the underlying crimes need not be a quali-
55 fying offense as defined in this subdivision. For the purposes of this
56 paragraph, "harm to an identifiable person or property" shall include
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1 but not be limited to theft of or damage to property. However, based
2 upon a review of the facts alleged in the accusatory instrument, if the
3 court determines that such theft is negligible and does not appear to be
4 in furtherance of other criminal activity, the principal shall be
5 released on [his or her] their own recognizance or under appropriate
6 non-monetary conditions; [or]
7 (u) criminal possession of a weapon in the third degree as defined in
8 subdivision three of section 265.02 of the penal law or criminal sale of
9 a firearm to a minor as defined in section 265.16 of the penal law[.];
10 or
11 (v) arson in the fourth degree as defined in section 150.05 of the
12 penal law or arson in the third degree as defined in section 150.10 of
13 the penal law.
14 § 5. This act shall take effect on the ninetieth day after it shall
15 have become a law.
