STATE OF NEW YORK
________________________________________________________________________
7015
2025-2026 Regular Sessions
IN SENATE
March 28, 2025
___________
Introduced by Sen. CANZONERI-FITZPATRICK -- 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 authorizing
crimes committed by members of street gangs or a criminal enterprise
to be eligible for bail
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] 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.
LBD04676-02-5
S. 7015 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) any misdemeanor or felony offense and there is reasonable cause to
8 believe the principal is associated with a criminal street gang, as
9 defined in section 10-170 of the administrative code of the city of New
10 York or a criminal enterprise, as defined in section 460.10 of the penal
11 law and there is reasonable cause to believe the offense is connected to
12 criminal street gang or criminal enterprise activity.
13 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
14 section 530.20 of the criminal procedure law, subparagraph (xx) as
15 amended and subparagraph (xxi) as added by section 4 of subpart C of
16 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
17 agraph (xxii) is added to read as follows:
18 (xx) any felony or class A misdemeanor involving harm to an identifi-
19 able person or property, or any charge of criminal possession of a
20 firearm as defined in section 265.01-b of the penal law where such
21 charge arose from conduct occurring while the defendant was released on
22 [his or her] their own recognizance, released under conditions, or had
23 yet to be arraigned after the issuance of a desk appearance ticket for a
24 separate felony or class A misdemeanor involving harm to an identifiable
25 person or property, provided, however, that the prosecutor must show
26 reasonable cause to believe that the defendant committed the instant
27 crime and any underlying crime. For the purposes of this subparagraph,
28 any of the underlying crimes need not be a qualifying offense as defined
29 in this subdivision. For the purposes of this paragraph, "harm to an
30 identifiable person or property" shall include but not be limited to
31 theft of or damage to property. However, based upon a review of the
32 facts alleged in the accusatory instrument, if the court determines that
33 such theft is negligible and does not appear to be in furtherance of
34 other criminal activity, the principal shall be released on [his or her]
35 their own recognizance or under appropriate non-monetary conditions;
36 [or]
37 (xxi) criminal possession of a weapon in the third degree as defined
38 in subdivision three of section 265.02 of the penal law or criminal sale
39 of a firearm to a minor as defined in section 265.16 of the penal
40 law[.]; or
41 (xxii) any misdemeanor or felony offense and there is reasonable cause
42 to believe the principal is associated with a criminal street gang, as
43 defined in section 10-170 of the administrative code of the city of New
44 York or a criminal enterprise, as defined in section 460.10 of the penal
45 law and there is reasonable cause to believe the offense is connected to
46 criminal street gang or criminal enterprise activity.
47 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
48 criminal procedure law, paragraph (t) as amended and paragraph (u) as
49 added by section 4 of subpart B of part UU of chapter 56 of the laws of
50 2022, are amended and a new paragraph (v) is added to read as follows:
51 (t) any felony or class A misdemeanor involving harm to an identifi-
52 able person or property, or any charge of criminal possession of a
53 firearm as defined in section 265.01-b of the penal law, where such
54 charge arose from conduct occurring while the defendant was released on
55 [his or her] their own recognizance, released under conditions, or had
56 yet to be arraigned after the issuance of a desk appearance ticket for a
S. 7015 3
1 separate felony or class A misdemeanor involving harm to an identifiable
2 person or property, or any charge of criminal possession of a firearm as
3 defined in section 265.01-b of the penal law, provided, however, that
4 the prosecutor must show reasonable cause to believe that the defendant
5 committed the instant crime and any underlying crime. For the purposes
6 of this subparagraph, any of the underlying crimes need not be a quali-
7 fying offense as defined in this subdivision. For the purposes of this
8 paragraph, "harm to an identifiable person or property" shall include
9 but not be limited to theft of or damage to property. However, based
10 upon a review of the facts alleged in the accusatory instrument, if the
11 court determines that such theft is negligible and does not appear to be
12 in furtherance of other criminal activity, the principal shall be
13 released on [his or her] their own recognizance or under appropriate
14 non-monetary conditions; [or]
15 (u) criminal possession of a weapon in the third degree as defined in
16 subdivision three of section 265.02 of the penal law or criminal sale of
17 a firearm to a minor as defined in section 265.16 of the penal law[.];
18 or
19 (v) any misdemeanor or felony offense and there is reasonable cause to
20 believe the principal is associated with a criminal street gang, as
21 defined in section 10-170 of the administrative code of the city of New
22 York or a criminal enterprise, as defined in section 460.10 of the penal
23 law and there is reasonable cause to believe the offense is connected to
24 criminal street gang or criminal enterprise activity.
25 § 4. This act shall take effect immediately.
