Includes offenses involving situations where a person physically harms another or engages in conduct that results in an unacceptable level of danger as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail; requires the Office of Court Administration, in conjunction with the New York State Division of Criminal Justice Services, to manage an electronic tracking system maintaining a record of all bail decisions and to deliver a report to the legislature.
STATE OF NEW YORK
________________________________________________________________________
7064
2025-2026 Regular Sessions
IN ASSEMBLY
March 20, 2025
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to including
certain offenses involving situations where a person physically harms
another or engages in conduct that results in an unacceptable level of
danger as qualifying offenses for the purpose of allowing a principal
to be eligible to be held on bail; and to require the Office of Court
Administration to establish an electronic tracking system maintaining
a record of all bail decisions and to deliver a report to the legisla-
ture
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a), (m), (t) and (u) of subdivision 4 of
2 section 510.10 of the criminal procedure law, paragraph (a) as amended
3 and paragraph (m) as added by section 2 of part UU of chapter 56 of the
4 laws of 2020, and paragraph (t) as amended and paragraph (u) as added by
5 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
6 amended and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb)
7 are added to read as follows:
8 (a) a felony enumerated in section 70.02 of the penal law[, other than
9 robbery in the second degree as defined in subdivision one of section
10 160.10 of the penal law, provided, however, that burglary in the second
11 degree as defined in subdivision two of section 140.25 of the penal law
12 shall be a qualifying offense only where the defendant is charged with
13 entering the living area of the dwelling];
14 (m) assault in the third degree as defined in section 120.00 of the
15 penal law [or arson in the third degree as defined in section 150.10 of
16 the penal law], when such crime is charged as a hate crime as defined in
17 section 485.05 of the penal law;
18 (t) any felony or class A misdemeanor involving harm to an identifi-
19 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.
LBD09472-01-5
A. 7064 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 own recognizance, released under conditions, or had yet to be
4 arraigned after the issuance of a desk appearance ticket for a separate
5 felony or class A misdemeanor involving harm to an identifiable person
6 or property, or any charge of criminal possession of a firearm as
7 defined in section 265.01-b of the penal law, provided, however, that
8 the prosecutor must show reasonable cause to believe that the defendant
9 committed the instant crime and any underlying crime. For the purposes
10 of this subparagraph, any of the underlying crimes need not be a quali-
11 fying offense as defined in this subdivision]. For the purposes of this
12 paragraph, "harm to an identifiable person or property" shall include
13 but not be limited to theft of or damage to property. However, based
14 upon a review of the facts alleged in the accusatory instrument, if the
15 court determines that such theft is negligible and does not appear to be
16 in furtherance of other criminal activity, the principal shall be
17 released on [his or her] the principal's own recognizance or under
18 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 (v) assault in the third degree as defined in section 120.00 of the
23 penal law; reckless assault of a child by a child day care provider as
24 defined in section 120.01 of the penal law; vehicular assault in the
25 second degree as defined in section 120.03 of the penal law; menacing in
26 the first degree as defined in section 120.13 of the penal law; menacing
27 in the second degree as defined in section 120.14 of the penal law;
28 menacing in the third degree as defined in section 120.15 of the penal
29 law; reckless endangerment in the second degree as defined in section
30 120.20 of the penal law; reckless endangerment in the first degree as
31 defined in section 120.25 of the penal law; stalking in the third degree
32 as defined in section 120.50 of the penal law; or stalking in the second
33 degree as defined in section 120.55 of the penal law;
34 (w) unlawful imprisonment in the second degree as defined in section
35 135.05 of the penal law;
36 (x) burglary in the third degree as defined in section 140.20 of the
37 penal law;
38 (y) arson in the fifth degree as defined in section 150.01; arson in
39 the fourth degree as defined in section 150.05 of the penal law; or
40 arson in the third degree as defined in section 150.10 of the penal
41 law;
42 (z) public lewdness in the first degree as defined in section 245.03
43 of the penal law;
44 (aa) criminal possession of a rapid-fire modification device as
45 defined in section 265.01-c of the penal law; criminal possession of a
46 weapon in a restricted location as defined in section 265.01-d of the
47 penal law; criminal possession of a firearm, rifle or shotgun in a
48 sensitive location as defined in section 265.01-e of the penal law; a
49 violation of manufacture, transport, disposition and defacement of weap-
50 ons and dangerous instruments and appliances as defined in subdivision
51 five of section 265.10 of the penal law; prohibited use of weapons as
52 defined in subdivision three of section 265.35 of the penal law; or
53 unlawful possession of certain ammunition feeding devices as defined in
54 section 265.37 of the penal law; or
55 (bb) unlawful fleeing a police officer in a motor vehicle in the third
56 degree as defined in section 270.25 of the penal law.
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1 § 2. Subparagraphs (i), (xiii), (xx) and (xxi) of paragraph (b) of
2 subdivision 1 of section 530.20 of the criminal procedure law, subpara-
3 graphs (i) and (xiii) as amended by section 3 of part UU of chapter 56
4 of the laws of 2020, and subparagraph (xx) as amended and subparagraph
5 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
6 laws of 2022, are amended and seven new subparagraphs (xxii), (xxiii),
7 (xxiv), (xxv), (xxvi), (xxvii) and (xxviii) are added to read as
8 follows:
9 (i) a felony enumerated in section 70.02 of the penal law[, other than
10 robbery in the second degree as defined in subdivision one of section
11 160.10 of the penal law, provided, however, that burglary in the second
12 degree as defined in subdivision two of section 140.25 of the penal law
13 shall be a qualifying offense only where the defendant is charged with
14 entering the living area of the dwelling];
15 (xiii) assault in the third degree as defined in section 120.00 of the
16 penal law [or arson in the third degree as defined in section 150.10 of
17 the penal law], when such crime is charged as a hate crime as defined in
18 section 485.05 of the penal law;
19 (xx) any felony or class A misdemeanor involving harm to an identifi-
20 able person or property, or any charge of criminal possession of a
21 firearm as defined in section 265.01-b of the penal law [where such
22 charge arose from conduct occurring while the defendant was released on
23 his or her own recognizance, released under conditions, or had yet to be
24 arraigned after the issuance of a desk appearance ticket for a separate
25 felony or class A misdemeanor involving harm to an identifiable person
26 or property, provided, however, that the prosecutor must show reasonable
27 cause to believe that the defendant committed the instant crime and any
28 underlying crime. For the purposes of this subparagraph, any of the
29 underlying crimes need not be a qualifying offense as defined in this
30 subdivision]. For the purposes of this paragraph, "harm to an identifi-
31 able person or property" shall include but not be limited to theft of or
32 damage to property. However, based upon a review of the facts alleged in
33 the accusatory instrument, if the court determines that such theft is
34 negligible and does not appear to be in furtherance of other criminal
35 activity, the principal shall be released on [his or her] the princi-
36 pal's own recognizance or under appropriate non-monetary conditions;
37 [or]
38 (xxi) criminal possession of a weapon in the third degree as defined
39 in subdivision three of section 265.02 of the penal law or criminal sale
40 of a firearm to a minor as defined in section 265.16 of the penal
41 law[.];
42 (xxii) assault in the third degree as defined in section 120.00 of the
43 penal law; reckless assault of a child by a child day care provider as
44 defined in section 120.01 of the penal law; vehicular assault in the
45 second degree as defined in section 120.03 of the penal law; menacing in
46 the first degree as defined in section 120.13 of the penal law; menacing
47 in the second degree as defined in section 120.14 of the penal law;
48 menacing in the third degree as defined in section 120.15 of the penal
49 law; reckless endangerment in the second degree as defined in section
50 120.20 of the penal law; reckless endangerment in the first degree as
51 defined in section 120.25 of the penal law; stalking in the third degree
52 as defined in section 120.50 of the penal law; or stalking in the second
53 degree as defined in section 120.55 of the penal law;
54 (xxiii) unlawful imprisonment in the second degree as defined in
55 section 135.05 of the penal law;
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1 (xxiv) burglary in the third degree as defined in section 140.20 of
2 the penal law;
3 (xxv) arson in the fifth degree as defined in section 150.01; arson in
4 the fourth degree as defined in section 150.05 of the penal law; or
5 arson in the third degree as defined in section 150.10 of the penal
6 law;
7 (xxvi) public lewdness in the first degree as defined in section
8 245.03 of the penal law;
9 (xxvii) criminal possession of a rapid-fire modification device as
10 defined in section 265.01-c of the penal law; criminal possession of a
11 weapon in a restricted location as defined in section 265.01-d of the
12 penal law; criminal possession of a firearm, rifle or shotgun in a
13 sensitive location as defined in section 265.01-e of the penal law; a
14 violation of manufacture, transport, disposition and defacement of weap-
15 ons and dangerous instruments and appliances as defined in subdivision
16 five of section 265.10 of the penal law; prohibited use of weapons as
17 defined in subdivision three of section 265.35 of the penal law; or
18 unlawful possession of certain ammunition feeding devices as defined in
19 section 265.37 of the penal law; or
20 (xxviii) unlawful fleeing a police officer in a motor vehicle in the
21 third degree as defined in section 270.25 of the penal law.
22 § 3. Paragraphs (a), (m), (t) and (u) of subdivision 4 of section
23 530.40 of the criminal procedure law, paragraph (a) as amended and para-
24 graph (m) as added by section 4 of part UU of chapter 56 of the laws of
25 2020, and paragraph (t) as amended and paragraph (u) as added by section
26 4 of subpart B of part UU of chapter 56 of the laws of 2022 are amended
27 and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb) are
28 added to read as follows:
29 (a) a felony enumerated in section 70.02 of the penal law[, other than
30 robbery in the second degree as defined in subdivision one of section
31 160.10 of the penal law, provided, however, that burglary in the second
32 degree as defined in subdivision two of section 140.25 of the penal law
33 shall be a qualifying offense only where the defendant is charged with
34 entering the living area of the dwelling];
35 (m) assault in the third degree as defined in section 120.00 of the
36 penal law [or arson in the third degree as defined in section 150.10 of
37 the penal law], when such crime is charged as a hate crime as defined in
38 section 485.05 of the penal law;
39 (t) any felony or class A misdemeanor involving harm to an identifi-
40 able person or property, or any charge of criminal possession of a
41 firearm as defined in section 265.01-b of the penal law[, where such
42 charge arose from conduct occurring while the defendant was released on
43 his or her own recognizance, released under conditions, or had yet to be
44 arraigned after the issuance of a desk appearance ticket for a separate
45 felony or class A misdemeanor involving harm to an identifiable person
46 or property, or any charge of criminal possession of a firearm as
47 defined in section 265.01-b of the penal law, provided, however, that
48 the prosecutor must show reasonable cause to believe that the defendant
49 committed the instant crime and any underlying crime. For the purposes
50 of this subparagraph, any of the underlying crimes need not be a quali-
51 fying offense as defined in this subdivision]. For the purposes of this
52 paragraph, "harm to an identifiable person or property" shall include
53 but not be limited to theft of or damage to property. However, based
54 upon a review of the facts alleged in the accusatory instrument, if the
55 court determines that such theft is negligible and does not appear to be
56 in furtherance of other criminal activity, the principal shall be
A. 7064 5
1 released on [his or her] the principal's own recognizance or under
2 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) assault in the third degree as defined in section 120.00 of the
7 penal law; reckless assault of a child by a child day care provider as
8 defined in section 120.01 of the penal law; vehicular assault in the
9 second degree as defined in section 120.03 of the penal law; menacing in
10 the first degree as defined in section 120.13 of the penal law; menacing
11 in the second degree as defined in section 120.14 of the penal law;
12 menacing in the third degree as defined in section 120.15 of the penal
13 law; reckless endangerment in the second degree as defined in section
14 120.20 of the penal law; reckless endangerment in the first degree as
15 defined in section 120.25 of the penal law; stalking in the third degree
16 as defined in section 120.50 of the penal law; or stalking in the second
17 degree as defined in section 120.55 of the penal law;
18 (w) unlawful imprisonment in the second degree as defined in section
19 135.05 of the penal law;
20 (x) burglary in the third degree as defined in section 140.20 of the
21 penal law;
22 (y) arson in the fifth degree as defined in section 150.01; arson in
23 the fourth degree as defined in section 150.05 of the penal law; or
24 arson in the third degree as defined in section 150.10 of the penal
25 law;
26 (z) public lewdness in the first degree as defined in section 245.03
27 of the penal law;
28 (aa) criminal possession of a rapid-fire modification device as
29 defined in section 265.01-c of the penal law; criminal possession of a
30 weapon in a restricted location as defined in section 265.01-d of the
31 penal law; criminal possession of a firearm, rifle or shotgun in a
32 sensitive location as defined in section 265.01-e of the penal law; a
33 violation of manufacture, transport, disposition and defacement of weap-
34 ons and dangerous instruments and appliances as defined in subdivision
35 five of section 265.10 of the penal law; prohibited use of weapons as
36 defined in subdivision three of section 265.35 of the penal law; or
37 unlawful possession of certain ammunition feeding devices as defined in
38 section 265.37 of the penal law; or
39 (bb) unlawful fleeing a police officer in a motor vehicle in the third
40 degree as defined in section 270.25 of the penal law.
41 § 4. The Office of Court Administration, in conjunction with the New
42 York State Division of Criminal Justice Services, shall manage an elec-
43 tronic tracking system maintaining a record of all bail decisions of
44 judges in this state, specifying by court, the number of cases in which
45 bail was granted, in which bail was denied and in which no bail was
46 required. If bail was granted, the average amount of bail required shall
47 be specified. On or before July 31st of each year, the Office of Court
48 Administration shall prepare a report detailing the record of cases and
49 deliver such report to the Speaker of the Assembly and the Temporary
50 President of the Senate.
51 § 5. This act shall take effect on the sixtieth day after it shall
52 have become a law; provided that section four of this act shall take
53 effect one year after it shall have become a law. Effective immediate-
54 ly, the addition, amendment and/or repeal of any rule or regulation
55 necessary for the implementation of this act on its effective date are
56 authorized to be made and completed on or before such effective date.
