STATE OF NEW YORK
________________________________________________________________________
1905
2025-2026 Regular Sessions
IN SENATE
January 14, 2025
___________
Introduced by Sen. O'MARA -- 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 making menac-
ing and stalking qualifying offenses for the purposes of bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs (x) and (xi) of paragraph (b) of subdivision
2 1 of section 150.20 of the criminal procedure law, as added by section 1
3 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
4 and two new subparagraphs (xii) and (xiii) are added to read as follows:
5 (x) the person is eighteen years of age or older and charged with a
6 hate crime as defined in section 485.05 of the penal law; [or]
7 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
8 subdivision four of section 510.10 of this chapter, or pursuant to para-
9 graph (t) of subdivision four of section 530.40 of this chapter[.];
10 (xii) the offense is a qualifying offense pursuant to paragraph (v) of
11 subdivision four of section 510.10 of this chapter, or pursuant to para-
12 graph (v) of subdivision four of section 530.40 of this chapter; or
13 (xiii) the offense is a qualifying offense pursuant to paragraph (w)
14 of subdivision four of section 510.10 of this chapter, or pursuant to
15 paragraph (w) of subdivision four of section 530.40 of this chapter.
16 § 2. Paragraph (h) of subdivision 4 of section 510.10 of the criminal
17 procedure law, as amended by section 2 of part UU of chapter 56 of the
18 laws of 2020, is amended to read as follows:
19 (h) criminal contempt in the second degree as defined in subdivision
20 three of section 215.50 of the penal law, criminal contempt in the first
21 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
22 the penal law or aggravated criminal contempt as defined in section
23 215.52 of the penal law, and the underlying allegation of such charge of
24 criminal contempt in the second degree, criminal contempt in the first
25 degree or aggravated criminal contempt is that the defendant violated a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04898-01-5
S. 1905 2
1 duly served order of protection where the protected party is a member of
2 the defendant's same family or household as defined in subdivision one
3 of section 530.11 of this title, or such protected party is the victim
4 of an alleged crime involving menacing or stalking;
5 § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
6 criminal procedure law, paragraph (t) as amended and paragraph (u) as
7 added by section 2 of subpart B of part UU of chapter 56 of the laws of
8 2022, are amended and two new paragraphs (v) and (w) are added to read
9 as follows:
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 (v) a crime involving menacing under section 120.13, 120.14 or 120.15
34 of the penal law; or
35 (w) a crime involving stalking under section 120.45, 120.50, 120.55 or
36 120.60 of the penal law.
37 § 4. Paragraph (h) of subdivision 4 of section 530.40 of the criminal
38 procedure law, as amended by section 4 of part UU of chapter 56 of the
39 laws of 2020, is amended to read as follows:
40 (h) criminal contempt in the second degree as defined in subdivision
41 three of section 215.50 of the penal law, criminal contempt in the first
42 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
43 the penal law or aggravated criminal contempt as defined in section
44 215.52 of the penal law, and the underlying allegation of such charge of
45 criminal contempt in the second degree, criminal contempt in the first
46 degree or aggravated criminal contempt is that the defendant violated a
47 duly served order of protection where the protected party is a member of
48 the defendant's same family or household as defined in subdivision one
49 of section 530.11 of this article, or such protected party is the victim
50 of an alleged crime involving menacing or stalking;
51 § 5. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
52 criminal procedure law, paragraph (t) as amended and paragraph (u) as
53 added by section 4 of subpart B of part UU of chapter 56 of the laws of
54 2022, are amended and two new paragraphs (v) and (w) are added to read
55 as follows:
S. 1905 3
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 (v) a crime involving menacing under section 120.13, 120.14 or 120.15
25 of the penal law; or
26 (w) a crime involving stalking under section 120.45, 120.50, 120.55 or
27 120.60 of the penal law.
28 § 6. This act shall take effect immediately.
