Designates promoting prostitution in the fourth degree and patronizing a person for prostitution in the third degree, where such person is less than 17 years of age, as qualifying offenses with regard to bail eligibility.
STATE OF NEW YORK
________________________________________________________________________
6622
2025-2026 Regular Sessions
IN ASSEMBLY
March 6, 2025
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to designating
certain crimes relating to prostitution as qualifying offenses with
regard to bail eligibility
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 two new paragraphs (v) and (w) are added
5 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] 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10119-01-5
A. 6622 2
1 principal shall be released on [his or her] such principal's own recog-
2 nizance or under appropriate non-monetary conditions; [or]
3 (u) criminal possession of a weapon in the third degree as defined in
4 subdivision three of section 265.02 of the penal law or criminal sale of
5 a firearm to a minor as defined in section 265.16 of the penal law[.];
6 (v) promoting prostitution in the fourth degree as defined in section
7 230.20 of the penal law; or
8 (w) patronizing a person for prostitution in the third degree as
9 defined in section 230.04 of the penal law, where such person patronized
10 is less than seventeen years of age.
11 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
12 section 530.20 of the criminal procedure law, subparagraph (xx) as
13 amended and subparagraph (xxi) as added by section 4 of subpart C of
14 part UU of chapter 56 of the laws of 2022, are amended and two new para-
15 graphs (xxii) and (xxiii) are added to read as follows:
16 (xx) any felony or class A misdemeanor involving harm to an identifi-
17 able person or property, or any charge of criminal possession of a
18 firearm as defined in section 265.01-b of the penal law where such
19 charge arose from conduct occurring while the defendant was released on
20 [his or her] such defendant's own recognizance, released under condi-
21 tions, or had yet to be arraigned after the issuance of a desk appear-
22 ance ticket for a separate felony or class A misdemeanor involving harm
23 to an identifiable person or property, provided, however, that the
24 prosecutor must show reasonable cause to believe that the defendant
25 committed the instant crime and any underlying crime. For the purposes
26 of this subparagraph, any of the underlying crimes need not be a quali-
27 fying offense as defined in this subdivision. For the purposes of this
28 paragraph, "harm to an identifiable person or property" shall include
29 but not be limited to theft of or damage to property. However, based
30 upon a review of the facts alleged in the accusatory instrument, if the
31 court determines that such theft is negligible and does not appear to be
32 in furtherance of other criminal activity, the principal shall be
33 released on [his or her] such principal's own recognizance or under
34 appropriate non-monetary conditions; [or]
35 (xxi) criminal possession of a weapon in the third degree as defined
36 in subdivision three of section 265.02 of the penal law or criminal sale
37 of a firearm to a minor as defined in section 265.16 of the penal
38 law[.];
39 (xxii) promoting prostitution in the fourth degree as defined in
40 section 230.20 of the penal law; or
41 (xxiii) patronizing a person for prostitution in the third degree as
42 defined in section 230.04 of the penal law, where such person patronized
43 is less than seventeen years of age.
44 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
45 criminal procedure law, paragraph (t) as amended and paragraph (u) as
46 added by section 4 of subpart B of part UU of chapter 56 of the laws of
47 2022, are amended and two new paragraphs (v) and (w) are added to read
48 as follows:
49 (t) any felony or class A misdemeanor involving harm to an identifi-
50 able person or property, or any charge of criminal possession of a
51 firearm as defined in section 265.01-b of the penal law, where such
52 charge arose from conduct occurring while the defendant was released on
53 [his or her] such defendant's own recognizance, released under condi-
54 tions, or had yet to be arraigned after the issuance of a desk appear-
55 ance ticket for a separate felony or class A misdemeanor involving harm
56 to an identifiable person or property, or any charge of criminal
A. 6622 3
1 possession of a firearm as defined in section 265.01-b of the penal law,
2 provided, however, that the prosecutor must show reasonable cause to
3 believe that the defendant committed the instant crime and any underly-
4 ing crime. For the purposes of this subparagraph, any of the underlying
5 crimes need not be a qualifying offense as defined in this subdivision.
6 For the purposes of this paragraph, "harm to an identifiable person or
7 property" shall include but not be limited to theft of or damage to
8 property. However, based upon a review of the facts alleged in the accu-
9 satory instrument, if the court determines that such theft is negligible
10 and does not appear to be in furtherance of other criminal activity, the
11 principal shall be released on [his or her] such principal's own recog-
12 nizance or under appropriate non-monetary conditions; [or]
13 (u) criminal possession of a weapon in the third degree as defined in
14 subdivision three of section 265.02 of the penal law or criminal sale of
15 a firearm to a minor as defined in section 265.16 of the penal law[.];
16 (v) promoting prostitution in the fourth degree as defined in section
17 230.20 of the penal law; or
18 (w) patronizing a person for prostitution in the third degree as
19 defined in section 230.04 of the penal law, where such person patronized
20 is less than seventeen years of age.
21 § 4. This act shall take effect immediately.
