Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.
STATE OF NEW YORK
________________________________________________________________________
9127
2025-2026 Regular Sessions
IN ASSEMBLY
September 26, 2025
___________
Introduced by M. of A. BARCLAY, REILLY, SIMPSON, JENSEN, E. BROWN,
GANDOLFO, MANKTELOW, MILLER, GALLAHAN, BLUMENCRANZ, PALMESANO,
K. BROWN, GRAY, DURSO, PIROZZOLO, SLATER, BENDETT, NOVAKHOV, LEMONDES,
HAWLEY, DeSTEFANO, ANGELINO, TAGUE, BRABENEC, GIGLIO, MORINELLO,
WALSH, SMULLEN, BEEPHAN, BLANKENBUSH, BROOK-KRASNY, McDONOUGH, MIKU-
LIN, SMITH, RA, MAHER, CHANG, BOLOGNA -- Multi-Sponsored by -- M. of
A. FRIEND -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to including certain offenses in being eligible for bail,
making certain offenses eligible to be considered hate crimes, and
increasing the penalties for certain offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (g), (m), (t), and (u) of subdivision 4 of
2 section 510.10 of the criminal procedure law, paragraph (g) 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 a new paragraph (v) is added to read as follows:
7 (g) money laundering in support of terrorism in the first degree as
8 defined in section 470.24 of the penal law; money laundering in support
9 of terrorism in the second degree as defined in section 470.23 of the
10 penal law; money laundering in support of terrorism in the third degree
11 as defined in section 470.22 of the penal law; money laundering in
12 support of terrorism in the fourth degree as defined in section 470.21
13 of the penal law; [or] a felony crime of terrorism as defined in article
14 four hundred ninety of the penal law[, other than the crime defined in
15 section 490.20 of such law]; aggravated threat of mass harm as defined
16 in section 240.79 of the penal law; or making a threat of mass harm as
17 defined in section 240.78 of the penal law;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05156-01-5
A. 9127 2
1 (m) assault in the third degree as defined in section 120.00 of the
2 penal law [or]; arson in the third degree as defined in section 150.10
3 of the penal law[,]; aggravated harassment in the second degree as
4 defined in section 240.30; harassment in the first degree as defined in
5 section 240.25; menacing in the third degree as defined in section
6 120.15; menacing in the second degree as defined in section 120.14; or
7 menacing in the first degree as defined in section 120.13, when any such
8 crime is charged as a hate crime as defined in section 485.05 of the
9 penal law;
10 (t) any felony or class A misdemeanor involving harm to an identifi-
11 able person or property, or any charge of criminal possession of a
12 firearm as defined in section 265.01-b of the penal law, where such
13 charge arose from conduct occurring while the defendant was released on
14 [his or her] such defendant's own recognizance, released under condi-
15 tions, or had yet to be arraigned after the issuance of a desk appear-
16 ance ticket for a separate felony or class A misdemeanor involving harm
17 to an identifiable person or property, or any charge of criminal
18 possession of a firearm as defined in section 265.01-b of the penal law,
19 provided, however, that the prosecutor must show reasonable cause to
20 believe that the defendant committed the instant crime and any underly-
21 ing crime. For the purposes of this subparagraph, any of the underlying
22 crimes need not be a qualifying offense as defined in this subdivision.
23 For the purposes of this paragraph, "harm to an identifiable person or
24 property" shall include but not be limited to theft of or damage to
25 property. However, based upon a review of the facts alleged in the accu-
26 satory instrument, if the court determines that such theft is negligible
27 and does not appear to be in furtherance of other criminal activity, the
28 principal shall be released on [his or her] such principal's own recog-
29 nizance or under appropriate non-monetary conditions; [or]
30 (u) criminal possession of a weapon in the third degree as defined in
31 subdivision three of section 265.02 of the penal law or criminal sale of
32 a firearm to a minor as defined in section 265.16 of the penal law[.];
33 or
34 (v) aggravated harassment in the first degree as defined in section
35 240.31 of the penal law.
36 § 2. Subparagraphs (vii), (xiii), (xx), and (xxi) of paragraph (b) of
37 subdivision 1 of section 530.20 of the criminal procedure law, subpara-
38 graphs (vii) and (xiii) as amended by section 3 of part UU of chapter 56
39 of the laws of 2020 and subparagraph (xx) as amended and subparagraph
40 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
41 laws of 2022, are amended and a new subparagraph (xxii) is added to read
42 as follows:
43 (vii) money laundering in support of terrorism in the first degree as
44 defined in section 470.24 of the penal law; money laundering in support
45 of terrorism in the second degree as defined in section 470.23 of the
46 penal law; money laundering in support of terrorism in the third degree
47 as defined in section 470.22 of the penal law; money laundering in
48 support of terrorism in the fourth degree as defined in section 470.21
49 of the penal law; [or] a felony crime of terrorism as defined in article
50 four hundred ninety of the penal law[, other than the crime defined in
51 section 490.20 of such law]; aggravated threat of mass harm as defined
52 in section 240.79 of the penal law; or making a threat of mass harm as
53 defined in section 240.78 of the penal law;
54 (xiii) assault in the third degree as defined in section 120.00 of the
55 penal law [or]; arson in the third degree as defined in section 150.10
56 of the penal law; aggravated harassment in the second degree as defined
A. 9127 3
1 in section 240.30; harassment in the first degree as defined in section
2 240.25; menacing in the third degree as defined in section 120.15;
3 menacing in the second degree as defined in section 120.14; or menacing
4 in the first degree as defined in section 120.13, when any such crime is
5 charged as a hate crime as defined in section 485.05 of the penal law;
6 (xx) 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, provided, however, that the
14 prosecutor must show reasonable cause to believe that the defendant
15 committed the instant crime and any underlying crime. For the purposes
16 of this subparagraph, any of the underlying crimes need not be a quali-
17 fying offense as defined in this subdivision. For the purposes of this
18 paragraph, "harm to an identifiable person or property" shall include
19 but not be limited to theft of or damage to property. However, based
20 upon a review of the facts alleged in the accusatory instrument, if the
21 court determines that such theft is negligible and does not appear to be
22 in furtherance of other criminal activity, the principal shall be
23 released on [his or her] such principal's own recognizance or under
24 appropriate non-monetary conditions; [or]
25 (xxi) criminal possession of a weapon in the third degree as defined
26 in subdivision three of section 265.02 of the penal law or criminal sale
27 of a firearm to a minor as defined in section 265.16 of the penal
28 law[.]; or
29 (xxii) aggravated harassment in the first degree as defined in section
30 240.31 of the penal law.
31 § 3. Paragraphs (g), (m), (t), and (u) of subdivision 4 of section
32 530.40 of the criminal procedure law, paragraph (g) as amended and para-
33 graph (m) as added by section 4 of part UU of chapter 56 of the laws of
34 2020 and paragraph (t) as amended and paragraph (u) as added by section
35 4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
36 and a new paragraph (v) is added to read as follows:
37 (g) money laundering in support of terrorism in the first degree as
38 defined in section 470.24 of the penal law; money laundering in support
39 of terrorism in the second degree as defined in section 470.23 of the
40 penal law; money laundering in support of terrorism in the third degree
41 as defined in section 470.22 of the penal law; money laundering in
42 support of terrorism in the fourth degree as defined in section 470.21
43 of the penal law; [or] a felony crime of terrorism as defined in article
44 four hundred ninety of the penal law[, other than the crime defined in
45 section 490.20 of such law]; aggravated threat of mass harm as defined
46 in section 240.79 of the penal law; or making a threat of mass harm as
47 defined in section 240.78 of the penal law;
48 (m) assault in the third degree as defined in section 120.00 of the
49 penal law or arson in the third degree as defined in section 150.10 of
50 the penal law; aggravated harassment in the second degree as defined in
51 section 240.30; harassment in the first degree as defined in section
52 240.25; menacing in the third degree as defined in section 120.15;
53 menacing in the second degree as defined in section 120.14; or menacing
54 in the first degree as defined in section 120.13, when any such crime is
55 charged as a hate crime as defined in section 485.05 of the penal law;
A. 9127 4
1 (t) any felony or class A misdemeanor involving harm to an identifi-
2 able person or property, or any charge of criminal possession of a
3 firearm as defined in section 265.01-b of the penal law, where such
4 charge arose from conduct occurring while the defendant was released on
5 [his or her] such defendant's own recognizance, released under condi-
6 tions, or had yet to be arraigned after the issuance of a desk appear-
7 ance ticket for a separate felony or class A misdemeanor involving harm
8 to an identifiable person or property, or any charge of criminal
9 possession of a firearm as defined in section 265.01-b of the penal law,
10 provided, however, that the prosecutor must show reasonable cause to
11 believe that the defendant committed the instant crime and any underly-
12 ing crime. For the purposes of this subparagraph, any of the underlying
13 crimes need not be a qualifying offense as defined in this subdivision.
14 For the purposes of this paragraph, "harm to an identifiable person or
15 property" shall include but not be limited to theft of or damage to
16 property. However, based upon a review of the facts alleged in the accu-
17 satory instrument, if the court determines that such theft is negligible
18 and does not appear to be in furtherance of other criminal activity, the
19 principal shall be released on [his or her] such principal's own recog-
20 nizance or under appropriate non-monetary conditions; [or]
21 (u) criminal possession of a weapon in the third degree as defined in
22 subdivision three of section 265.02 of the penal law or criminal sale of
23 a firearm to a minor as defined in section 265.16 of the penal law[.];
24 or
25 (v) aggravated harassment in the first degree as defined in section
26 240.31 of the penal law.
27 § 4. Subparagraph (xi) of paragraph (b) of subdivision 1 of section
28 150.20 of the criminal procedure law, as added by section 1 of subpart B
29 of part UU of chapter 56 of the laws of 2022, is amended to read as
30 follows:
31 (xi) the offense is a qualifying offense pursuant to paragraph (g) or
32 (t) of subdivision four of section 510.10 of this chapter, or pursuant
33 to paragraph (g) or (t) of subdivision four of section 530.40 of this
34 chapter.
35 § 5. Subdivision 3 of section 485.05 of the penal law, as amended by
36 section 2 of part C of chapter 55 of the laws of 2024, is amended to
37 read as follows:
38 3. A "specified offense" is an offense defined by any of the following
39 provisions of this chapter: section 120.00 (assault in the third
40 degree); section 120.05 (assault in the second degree); section 120.06
41 (gang assault in the second degree); section 120.07 (gang assault in the
42 first degree); section 120.10 (assault in the first degree); section
43 120.12 (aggravated assault upon a person less than eleven years old);
44 section 120.13 (menacing in the first degree); section 120.14 (menacing
45 in the second degree); section 120.15 (menacing in the third degree);
46 section 120.20 (reckless endangerment in the second degree); section
47 120.25 (reckless endangerment in the first degree); section 121.11
48 (criminal obstruction of breathing or blood circulation); section 121.12
49 (strangulation in the second degree); section 121.13 (strangulation in
50 the first degree); subdivision one of section 125.15 (manslaughter in
51 the second degree); subdivision one, two or four of section 125.20
52 (manslaughter in the first degree); section 125.25 (murder in the second
53 degree); section 125.26 (aggravated murder); section 125.27 (murder in
54 the first degree); section 120.45 (stalking in the fourth degree);
55 section 120.50 (stalking in the third degree); section 120.55 (stalking
56 in the second degree); section 120.60 (stalking in the first degree);
A. 9127 5
1 section 130.20 (sexual misconduct); section 130.25 (rape in the third
2 degree); section 130.30 (rape in the second degree); section 130.35
3 (rape in the first degree); former section 130.40; former section
4 130.45; former section 130.50; section 130.52 (forcible touching);
5 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse
6 in the third degree); section 130.60 (sexual abuse in the second
7 degree); section 130.65 (sexual abuse in the first degree); section
8 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66
9 (aggravated sexual abuse in the third degree); section 130.67 (aggra-
10 vated sexual abuse in the second degree); section 130.70 (aggravated
11 sexual abuse in the first degree); section 135.05 (unlawful imprisonment
12 in the second degree); section 135.10 (unlawful imprisonment in the
13 first degree); section 135.20 (kidnapping in the second degree); section
14 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
15 third degree); section 135.61 (coercion in the second degree); section
16 135.65 (coercion in the first degree); section 140.10 (criminal trespass
17 in the third degree); section 140.15 (criminal trespass in the second
18 degree); section 140.17 (criminal trespass in the first degree); section
19 140.20 (burglary in the third degree); section 140.25 (burglary in the
20 second degree); section 140.30 (burglary in the first degree); section
21 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi-
22 nal mischief in the third degree); section 145.10 (criminal mischief in
23 the second degree); section 145.12 (criminal mischief in the first
24 degree); section 150.05 (arson in the fourth degree); section 150.10
25 (arson in the third degree); section 150.15 (arson in the second
26 degree); section 150.20 (arson in the first degree); section 155.25
27 (petit larceny); section 155.30 (grand larceny in the fourth degree);
28 section 155.35 (grand larceny in the third degree); section 155.40
29 (grand larceny in the second degree); section 155.42 (grand larceny in
30 the first degree); section 160.05 (robbery in the third degree); section
31 160.10 (robbery in the second degree); section 160.15 (robbery in the
32 first degree); section 230.34 (sex trafficking); section 230.34-a (sex
33 trafficking of a child); section 240.25 (harassment in the first
34 degree); subdivision one, two or four of section 240.30 (aggravated
35 harassment in the second degree); section 240.50 (falsely reporting an
36 incident in the third degree); section 240.55 (falsely reporting an
37 incident in the second degree); section 240.60 (falsely reporting an
38 incident in the first degree); subdivision one of section 265.03 (crimi-
39 nal possession of a weapon in the second degree); subdivision one of
40 section 265.04 (criminal possession of a weapon in the first degree);
41 section 490.10 (soliciting or providing support for an act of terrorism
42 in the second degree); section 490.15 (soliciting or providing support
43 for an act of terrorism in the first degree); section 490.20 (making a
44 terroristic threat); section 490.25 (crime of terrorism); section 490.30
45 (hindering prosecution of terrorism in the second degree); section
46 490.35 (hindering prosecution of terrorism in the first degree); section
47 490.37 (criminal possession of a chemical weapon or biological weapon in
48 the third degree); section 490.40 (criminal possession of a chemical
49 weapon or biological weapon in the second degree); section 490.45 (crim-
50 inal possession of a chemical weapon or biological weapon in the first
51 degree); section 490.47 (criminal use of a chemical weapon or biological
52 weapon in the third degree); section 490.50 (criminal use of a chemical
53 weapon or biological weapon in the second degree); section 490.55 (crim-
54 inal use of a chemical weapon or biological weapon in the first degree);
55 section 240.78 (making a threat of mass harm); section 240.79 (aggra-
A. 9127 6
1 vated threat of mass harm); or any attempt or conspiracy to commit any
2 of the foregoing offenses.
3 § 6. The closing paragraph of section 240.78 of the penal law, as
4 added by chapter 206 of the laws of 2022, is amended to read as follows:
5 Making a threat of mass harm is a class [B] A misdemeanor.
6 § 7. The closing paragraph of section 240.79 of the penal law, as
7 added by chapter 206 of the laws of 2022, is amended to read as follows:
8 Aggravated threat of mass harm is a class [A misdemeanor] E felony.
9 § 8. This act shall take effect on the thirtieth day after it shall
10 have become a law.
