S T A T E O F N E W Y O R K
________________________________________________________________________
2357
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing
the court the discretion to release persons charged with certain
crimes involving possession of a firearm on their own recognizance or
under non-monetary conditions, fix bail, or commit the person to the
custody of the sheriff
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (u) of subdivision 4 of section 510.10 of the
criminal procedure law, as added by section 2 of subpart B of part UU of
chapter 56 of the laws of 2022, is amended to read as follows:
(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 OR
ANY OTHER FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM OR
CRIMINAL POSSESSION OF A WEAPON IN VIOLATION OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW.
§ 2. Section 510.10 of the criminal procedure law is amended by adding
a new subdivision 7 to read as follows:
7. WHEN THE PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN ARTICLE
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW THAT INVOLVES A MACHINE-GUN,
FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN OR
ASSAULT WEAPON, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER NON-MONETARY
CONDITIONS, FIX BAIL, OR THE COURT MAY COMMIT THE PRINCIPAL TO THE
CUSTODY OF THE SHERIFF WITHOUT CONSIDERING THE LIKELIHOOD THAT THE
DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
NECESSARY TO ENSURE THEIR RETURN TO COURT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02225-01-5
A. 2357 2
§ 3. The opening paragraph of subdivision 1 of section 510.30 of the
criminal procedure law, as amended by section 4 of subpart A of part VV
of chapter 56 of the laws of 2023, is amended to read as follows:
With respect to any principal, the court [in all cases], unless other-
wise provided by law, must impose a securing order in accordance with
section 510.10 of this article, and shall explain the basis for its
determination and choice of securing order on the record or in writing.
§ 4. Section 510.30 of the criminal procedure law is amended by adding
a new subdivision 4 to read as follows:
4. WHEN THE PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN ARTICLE
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW THAT INVOLVES A MACHINE-GUN,
FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN OR
ASSAULT WEAPON, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER NON-MONETARY
CONDITIONS, FIX BAIL, OR THE COURT MAY COMMIT THE PRINCIPAL TO THE
CUSTODY OF THE SHERIFF WITHOUT CONSIDERING THE LIKELIHOOD THAT THE
DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
NECESSARY TO ENSURE THEIR RETURN TO COURT.
§ 5. Subparagraph (xxi) of paragraph (b) of subdivision 1 of section
530.20 of the criminal procedure law, as amended by section 4 of subpart
C of part UU of chapter 56 of the laws of 2022, is amended to read as
follows:
(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 OR
ANY OTHER FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM OR
CRIMINAL POSSESSION OF A WEAPON IN VIOLATION OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW.
§ 6. Paragraph (u) of subdivision 4 of section 530.40 of the criminal
procedure law, as added by section 4 of subpart B of part UU of chapter
56 of the laws of 2022, is amended to read as follows:
(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 OR
ANY OTHER FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM OR
CRIMINAL POSSESSION OF A WEAPON IN VIOLATION OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW.
§ 7. Subparagraphs (ii) and (iii) of paragraph (d) of subdivision 2 of
section 530.60 of the criminal procedure law, subparagraph (ii) as
amended and subparagraph (iii) as added by section 11 of subpart A of
part VV of chapter 56 of the laws of 2023, are amended and a new subpar-
agraph (iv) is added to read as follows:
(ii) Under subparagraph (i) of paragraph (b) of this subdivision,
revocation of a previously issued securing order shall result in the
issuance of a new securing order which may, if otherwise authorized by
law, permit the principal's release on recognizance or release under
non-monetary conditions, but shall also render the defendant eligible
for an order fixing bail, or ordering non-monetary conditions in
conjunction with fixing bail, provided, however, that in accordance with
the principles in this title the court must impose a new securing order
in accordance with subdivision one of section 510.10 of this title, and
in imposing such order, may consider the circumstances warranting such
revocation. Nothing in this subparagraph shall be interpreted as short-
ening the period of detention, or requiring or authorizing any less
restrictive form of a securing order, which may be imposed pursuant to
any other law; [and]
A. 2357 3
(iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of
this subdivision, revocation of a previously issued securing order shall
result in the issuance of a new securing order which may, if otherwise
authorized by law, permit the principal's release on recognizance or
release under non-monetary conditions, but shall also render the defend-
ant eligible for an order fixing bail or ordering non-monetary condi-
tions in conjunction with fixing bail. In issuing the new securing
order, the court shall consider the kind and degree of control or
restriction necessary to reasonably assure the principal's return to
court and compliance with court conditions, and select a securing order
consistent with its determination, taking into account the factors
required to be considered under subdivision one of section 510.10 of
this title, the circumstances warranting such revocation, and the nature
and extent of the principal's noncompliance with previously ordered
non-monetary conditions of the securing order subject to revocation
under this subdivision. Nothing in this subparagraph shall be interpret-
ed as shortening the period of detention, or requiring or authorizing
any less restrictive form of a securing order, which may be imposed
pursuant to any other law[.] ; AND
(IV) WHEN THE PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN ARTICLE
TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW THAT INVOLVES A MACHINE-GUN,
FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN OR
ASSAULT WEAPON, THE COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER NON-MONETARY
CONDITIONS, FIX BAIL, OR THE COURT MAY COMMIT THE PRINCIPAL TO THE
CUSTODY OF THE SHERIFF WITHOUT CONSIDERING THE LIKELIHOOD THAT THE
DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
NECESSARY TO ENSURE THEIR RETURN TO COURT.
§ 8. This act shall take effect immediately.