S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4206
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to requiring
   courts to consider whether an individual poses a  risk  or  threat  of
   physical  danger  to  the  safety  of any person or the community when
   imposing  a  securing  order  and  making  certain  crimes  qualifying
   offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section 510.10 of
 the criminal procedure law, as amended by section 2 of subpart A of part
 VV of chapter 56 of the laws of 2023, is amended to read as follows:
   When a principal, whose future court attendance at a  criminal  action
 or proceeding is or may be required, comes under the control of a court,
 such  court shall impose a securing order in accordance with this title.
 Except as otherwise required by law, the court shall make an individual-
 ized determination as to whether the principal  POSES A RISK  OR  THREAT
 OF PHYSICAL DANGER TO THE SAFETY OF ANY PERSON OR THE COMMUNITY AND MAKE
 AN INDIVIDUALIZED DETERMINATION AS TO WHETHER THE PRINCIPAL poses a risk
 of flight to avoid prosecution[,]. THE COURT SHALL consider the kind and
 degree  of  control  or  restriction  necessary to reasonably assure the
 principal's return to court AND THE SAFETY OF ANY PERSON OR THE COMMUNI-
 TY, and select a securing order consistent with its determination  under
 this  subdivision.  The  court  shall explain the basis for its determi-
 nation and its choice of securing order on the record or in writing.  In
 making  a  determination under this subdivision, the court must consider
 and take into account available information about the principal, includ-
 ing:
   § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03673-01-5
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 added by section 2 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is 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]
   (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
   (V) STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF  THE
 PENAL  LAW AND STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION 120.50
 OF THE PENAL LAW.
   § 3. 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 a new subpar-
 agraph (xxii) is 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
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 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.]; OR
   (XXII)  STALKING  IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF
 THE PENAL LAW AND STALKING IN THE THIRD DEGREE  AS  DEFINED  IN  SECTION
 120.50 OF THE PENAL LAW.
   §  4. 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 a new paragraph (v) is 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]
   (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
   (V)  STALKING IN THE SECOND DEGREE AS DEFINED IN SECTION 120.55 OF THE
 PENAL LAW AND STALKING IN THE THIRD DEGREE AS DEFINED IN SECTION  120.50
 OF THE PENAL LAW.
   §  5.  Subparagraph  (xi) of paragraph (b) of subdivision 1 of section
 150.20 of the criminal procedure law, as added by section 1 of subpart B
 of part UU of chapter 56 of the laws of 2022,  is  amended  to  read  as
 follows:
   (xi)  the offense is a qualifying offense pursuant to paragraph (t) OR
 (V) of subdivision four of section 510.10 of this chapter,  or  pursuant
 to  paragraph  (t)  OR (V) of subdivision four of section 530.40 of this
 chapter.
   § 6. Subparagraph (iv) of paragraph  (b)  and  subparagraph  (iii)  of
 paragraph  (d) of subdivision 2 of section 530.60 of the criminal proce-
 dure law, subparagraph (iv) of paragraph (b) as added by section  20  of
 part  JJJ  of  chapter 59 of the laws of 2019, and subparagraph (iii) of
 paragraph (d) as added by section 11 of subpart A of part VV of  chapter
 56 of the laws of 2023, are amended to read as follows:
   (iv)  stands  charged  in such action or proceeding with a felony and,
 after being so charged, committed a felony OR CLASS A MISDEMEANOR  while
 at liberty.
   (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
 A. 4206                             4
 
 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, THE SAFETY OF ANY PERSON OR THE  COMMUNITY  and  compliance  with
 court conditions, and select a securing order consistent with its deter-
 mination,  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  interpreted  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.
   § 7. Subdivision 3 of section 510.30 of the criminal procedure law, as
 amended by section 5 of part JJJ of chapter 59 of the laws of  2019,  is
 amended to read as follows:
   3.  When  bail  or recognizance is ordered, the court shall inform the
 principal, if the principal is a defendant charged with  the  commission
 of  a  felony,  that  the  release is conditional and that the court may
 revoke the order of release and may be authorized to commit the  princi-
 pal  to  the custody of the sheriff in accordance with the provisions of
 subdivision two of section 530.60 of this [chapter] TITLE if the princi-
 pal commits a subsequent felony OR CLASS A MISDEMEANOR while at  liberty
 upon such order.
   §  8.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.