STATE OF NEW YORK
________________________________________________________________________
18
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. SKOUFIS, BORRELLO, HELMING, MARTINS, MURRAY, OBER-
ACKER, ORTT, PALUMBO, STEC, TEDISCO, WEIK -- read twice and ordered
printed, and when printed to be committed 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00083-01-5
S. 18 2
1 released on [his or her] their own recognizance or under appropriate
2 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) arson in the fourth degree as defined in section 150.05 of the
8 penal law or arson in the third degree as defined in section 150.10 of
9 the penal law.
10 § 3. 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
14 subparagraph (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] their own recognizance, released under conditions, or had
20 yet to be arraigned after the issuance of a desk appearance ticket for a
21 separate felony or class A misdemeanor involving harm to an identifiable
22 person or property, provided, however, that the prosecutor must show
23 reasonable cause to believe that the defendant committed the instant
24 crime and any underlying crime. For the purposes of this subparagraph,
25 any of the underlying crimes need not be a qualifying offense as defined
26 in this subdivision. For the purposes of this paragraph, "harm to an
27 identifiable person or property" shall include but not be limited to
28 theft of or damage to property. However, based upon a review of the
29 facts alleged in the accusatory instrument, if the court determines that
30 such theft is negligible and does not appear to be in furtherance of
31 other criminal activity, the principal shall be released on [his or her]
32 their own recognizance or under appropriate non-monetary conditions;
33 [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) arson in the fourth degree as defined in section 150.05 of the
39 penal law or arson in the third degree as defined in section 150.10 of
40 the penal law.
41 § 4. 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] their own recognizance, released under conditions, or had
50 yet to be arraigned after the issuance of a desk appearance ticket for a
51 separate felony or class A misdemeanor involving harm to an identifiable
52 person or property, or any charge of criminal possession of a firearm as
53 defined in section 265.01-b of the penal law, provided, however, that
54 the prosecutor must show reasonable cause to believe that the defendant
55 committed the instant crime and any underlying crime. For the purposes
56 of this subparagraph, any of the underlying crimes need not be a quali-
S. 18 3
1 fying offense as defined in this subdivision. For the purposes of this
2 paragraph, "harm to an identifiable person or property" shall include
3 but not be limited to theft of or damage to property. However, based
4 upon a review of the facts alleged in the accusatory instrument, if the
5 court determines that such theft is negligible and does not appear to be
6 in furtherance of other criminal activity, the principal shall be
7 released on [his or her] their own recognizance or under appropriate
8 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) arson in the fourth degree as defined in section 150.05 of the
14 penal law or arson in the third degree as defined in section 150.10 of
15 the penal law.
16 § 5. This act shall take effect on the ninetieth day after it shall
17 have become a law.
