STATE OF NEW YORK
________________________________________________________________________
935
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
bail for principals charged with certain driving while intoxicated
offenses
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 a new paragraph (v) is added to read as
5 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.
LBD01310-01-5
A. 935 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 or
7 (v) felony driving while under the influence of alcohol or drugs
8 offenses pursuant to sections eleven hundred ninety-two and eleven
9 hundred ninety-three of the vehicle and traffic law.
10 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
11 section 530.20 of the criminal procedure law, subparagraph (xx) as
12 amended and subparagraph (xxi) as added by section 4 of subpart C of
13 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
14 agraph (xxii) is added to read as follows:
15 (xx) any felony or class A misdemeanor involving harm to an identifi-
16 able person or property, or any charge of criminal possession of a
17 firearm as defined in section 265.01-b of the penal law where such
18 charge arose from conduct occurring while the defendant was released on
19 [his or her] such defendant's own recognizance, released under condi-
20 tions, or had yet to be arraigned after the issuance of a desk appear-
21 ance ticket for a separate felony or class A misdemeanor involving harm
22 to an identifiable person or property, provided, however, that the
23 prosecutor must show reasonable cause to believe that the defendant
24 committed the instant crime and any underlying crime. For the purposes
25 of this subparagraph, any of the underlying crimes need not be a quali-
26 fying offense as defined in this subdivision. For the purposes of this
27 paragraph, "harm to an identifiable person or property" shall include
28 but not be limited to theft of or damage to property. However, based
29 upon a review of the facts alleged in the accusatory instrument, if the
30 court determines that such theft is negligible and does not appear to be
31 in furtherance of other criminal activity, the principal shall be
32 released on [his or her] such principal's own recognizance or under
33 appropriate non-monetary conditions; [or]
34 (xxi) criminal possession of a weapon in the third degree as defined
35 in subdivision three of section 265.02 of the penal law or criminal sale
36 of a firearm to a minor as defined in section 265.16 of the penal
37 law[.]; or
38 (xxii) felony driving while under the influence of alcohol or drugs
39 offenses pursuant to sections eleven hundred ninety-two and eleven
40 hundred ninety-three of the vehicle and traffic law.
41 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
42 criminal procedure law, paragraph (t) as amended and paragraph (u) as
43 added by section 4 of subpart B of part UU of chapter 56 of the laws of
44 2022, are amended and a new paragraph (v) is added to read as follows:
45 (t) any felony or class A misdemeanor involving harm to an identifi-
46 able person or property, or any charge of criminal possession of a
47 firearm as defined in section 265.01-b of the penal law, where such
48 charge arose from conduct occurring while the defendant was released on
49 [his or her] such defendant's own recognizance, released under condi-
50 tions, or had yet to be arraigned after the issuance of a desk appear-
51 ance ticket for a separate felony or class A misdemeanor involving harm
52 to an identifiable person or property, or any charge of criminal
53 possession of a firearm as defined in section 265.01-b of the penal law,
54 provided, however, that the prosecutor must show reasonable cause to
55 believe that the defendant committed the instant crime and any underly-
56 ing crime. For the purposes of this subparagraph, any of the underlying
A. 935 3
1 crimes need not be a qualifying offense as defined in this subdivision.
2 For the purposes of this paragraph, "harm to an identifiable person or
3 property" shall include but not be limited to theft of or damage to
4 property. However, based upon a review of the facts alleged in the accu-
5 satory instrument, if the court determines that such theft is negligible
6 and does not appear to be in furtherance of other criminal activity, the
7 principal shall be released on [his or her] such principal's own recog-
8 nizance or under appropriate non-monetary conditions; [or]
9 (u) criminal possession of a weapon in the third degree as defined in
10 subdivision three of section 265.02 of the penal law or criminal sale of
11 a firearm to a minor as defined in section 265.16 of the penal law[.];
12 or
13 (v) felony driving while under the influence of alcohol or drugs
14 offenses pursuant to sections eleven hundred ninety-two and eleven
15 hundred ninety-three of the vehicle and traffic law.
16 § 4. This act shall take effect immediately.
