Assembly Bill A1586

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1586
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced by M. of A. PAULIN, BRABENEC -- read once and referred to the
   Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to the applica-
   tion of bail in certain prostitution cases and labor trafficking cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (t) and (u) of subdivision 4 of section 510.10
 of the criminal procedure law, paragraph (t) as  amended  and  paragraph
 (u)  as  added by section 2 of subpart B of part UU of chapter 56 of the
 laws of 2022, are amended and two new paragraphs (v) and (w)  are  added
 to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 to an identifiable  person  or  property,  or  any  charge  of  criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided,  however,  that  the  prosecutor must show reasonable cause to
 believe that the defendant committed the instant crime and any  underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 crimes need not be a qualifying offense as defined in this  subdivision.
 For  the  purposes of this paragraph, "harm to an identifiable person or
 property" shall include but not be limited to  theft  of  or  damage  to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal  shall be released on [his or her] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary conditions; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04568-01-5
              

 A. 1586                             2
 
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law[.];
   (V)  A  CRIME  INVOLVING  PROMOTING PROSTITUTION UNDER SECTION 230.25,
 230.30 OR 230.32 OF THE PENAL LAW OR COMPELLING PROSTITUTION AS  DEFINED
 IN SECTION 230.33 OF THE PENAL LAW; OR
   (W) LABOR TRAFFICKING AS DEFINED IN SECTION 135.35 OF THE PENAL LAW OR
 AGGRAVATED  LABOR  TRAFFICKING AS DEFINED IN SECTION 135.37 OF THE PENAL
 LAW.
   § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
 amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
 part UU of chapter 56 of the laws of  2022,  are  amended  and  two  new
 subparagraphs (xxii) and (xxiii) are added to read as follows:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 to an identifiable person  or  property,  provided,  however,  that  the
 prosecutor  must  show  reasonable  cause  to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  [his  or  her]  SUCH PRINCIPAL'S own recognizance or under
 appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.];
   (XXII) A CRIME INVOLVING PROMOTING PROSTITUTION UNDER SECTION  230.25,
 230.30  OR 230.32 OF THE PENAL LAW OR COMPELLING PROSTITUTION AS DEFINED
 IN SECTION 230.33 OF THE PENAL LAW; OR
   (XXIII) LABOR TRAFFICKING AS DEFINED IN SECTION 135.35  OF  THE  PENAL
 LAW  OR AGGRAVATED LABOR TRAFFICKING AS DEFINED IN SECTION 135.37 OF THE
 PENAL LAW.
   § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 4 of subpart B of part UU of chapter 56 of the laws  of
 2022,  are  amended and two new paragraphs (v) and (w) are added to read
 as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 [his or her] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance ticket for a separate felony or class A misdemeanor involving  harm
 to  an  identifiable  person  or  property,  or  any  charge of criminal
 A. 1586                             3
 
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided, however, that the prosecutor must  show  reasonable  cause  to
 believe  that the defendant committed the instant crime and any underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 crimes need not be a qualifying offense as defined in this  subdivision.
 For  the  purposes of this paragraph, "harm to an identifiable person or
 property" shall include but not be limited to  theft  of  or  damage  to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal  shall be released on [his or her] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law[.];
   (V)  A  CRIME  INVOLVING  PROMOTING PROSTITUTION UNDER SECTION 230.25,
 230.30 OR 230.32 OF THE PENAL LAW OR COMPELLING PROSTITUTION AS  DEFINED
 IN SECTION 230.33 OF THE PENAL LAW; OR
   (W) LABOR TRAFFICKING AS DEFINED IN SECTION 135.35 OF THE PENAL LAW OR
 AGGRAVATED  LABOR  TRAFFICKING AS DEFINED IN SECTION 135.37 OF THE PENAL
 LAW.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.