S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4976
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by  M. of A. BUTTENSCHON, JONES, McMAHON, STERN -- read once
   and referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  drug  and
   domestic violence offenses qualifying for bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and paragraphs (a), (d), (j), (t) and
 (u) of subdivision 4 of section 510.10 of the  criminal  procedure  law,
 the opening paragraph as amended by section 2 of subpart A of part VV of
 chapter  56  of  the laws of 2023, paragraphs (a) and (d) as amended and
 paragraph (j) as added by section 2 of part UU of chapter 56 of the laws
 of 2020, and 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:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix bail, or order non-monetary  conditions  in
 conjunction  with fixing bail, or, where the defendant is charged with a
 qualifying offense [which is a felony], the court may commit the princi-
 pal to the custody of the sheriff. A principal  stands  charged  with  a
 qualifying offense for the purposes of this subdivision when [he or she]
 SUCH PRINCIPAL stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling];
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09128-01-5
 A. 4976                             2
 
              

   (d)  a  class A felony AS defined in the penal law[, provided that for
 class A felonies under article two hundred twenty of the penal law, only
 class A-I felonies shall be a qualifying offense];
   (j)  any  crime  that  is  alleged to have caused the death OR SERIOUS
 PHYSICAL INJURY of another person;
   (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[.];
   (V) A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED  TWENTY
 OF THE PENAL LAW; OR
   (W)  AN  AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
 PENAL LAW.
   § 2. The opening paragraph and subparagraphs (i), (iv), (x), (xx)  and
 (xxi)  of paragraph (b) of subdivision 1 of section 530.20 of the crimi-
 nal procedure law, the opening paragraph as  amended  by  section  6  of
 subpart  A  of  part VV of chapter 56 of the laws of 2023, subparagraphs
 (i), (iv) and (x) as amended by section 3 of part UU of  chapter  56  of
 the  laws  of  2020,  and  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  and  (xxii)  and
 (xxiii) are added to read as follows:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix  bail,  order  non-monetary  conditions  in
 conjunction  with fixing bail, or, where the defendant is charged with a
 qualifying offense [which is a felony], the court may commit the princi-
 pal to the custody of the sheriff. The court shall explain its choice of
 securing order on the record or in writing. A principal  stands  charged
 with a qualifying offense when [he or she] SUCH PRINCIPAL stands charged
 with:
   (i) a felony enumerated in section 70.02 of the penal law[, other than
 robbery  in  the  second degree as defined in subdivision one of section
 160.10 of the penal law, provided, however, that burglary in the  second
 degree  as defined in subdivision two of section 140.25 of the penal law
 A. 4976                             3

 shall be a qualifying offense only where the defendant is  charged  with
 entering the living area of the dwelling];
   (iv) a class A felony AS defined in the penal law[, provided, that for
 class  A  felonies  under  article  two hundred twenty of such law, only
 class A-I felonies shall be a qualifying offense];
   (x) any crime that is alleged to have  caused  the  death  OR  SERIOUS
 PHYSICAL INJURY of another person;
   (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 CLASS B, C OR D FELONY  ENUMERATED  IN  ARTICLE  TWO  HUNDRED
 TWENTY OF THE PENAL LAW; OR
   (XXIII)  AN  AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF
 THE PENAL LAW.
   § 3. The opening paragraph and paragraphs (a), (d), (j), (t)  and  (u)
 of  subdivision  4  of section 530.40 of the criminal procedure law, the
 opening paragraph as amended by section 8 of subpart A  of  part  VV  of
 chapter  56  of  the laws of 2023, paragraphs (a) and (d) as amended and
 paragraph (j) as added by section 4 of part UU of chapter 56 of the laws
 of 2020, and 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:
   Where  the  principal  stands  charged  with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion, and in
 accordance with section 510.10 of  this  title,  release  the  principal
 pending  trial on the principal's own recognizance or under non-monetary
 conditions, fix bail, or order non-monetary  conditions  in  conjunction
 with  fixing  bail, or, where the defendant is charged with a qualifying
 offense [which is a felony], the court may commit the principal  to  the
 custody of the sheriff. The court shall explain the basis for its deter-
 mination and its choice of securing order on the record or in writing. A
 principal  stands  charged with a qualifying offense for the purposes of
 this subdivision when [he or she] SUCH PRINCIPAL stands charged with:
   (a) a felony enumerated in section 70.02 of the penal law[, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 A. 4976                             4

 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling];
   (d)  a  class A felony AS defined in the penal law[, provided that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense];
   (j)  any  crime  that  is  alleged to have caused the death OR SERIOUS
 PHYSICAL INJURY of another person;
   (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[.];
   (V) A CLASS B, C OR D FELONY ENUMERATED IN ARTICLE TWO HUNDRED  TWENTY
 OF THE PENAL LAW; OR
   (W)  AN  AGGRAVATED FAMILY OFFENSE AS DEFINED IN SECTION 240.75 OF THE
 PENAL LAW.
   § 4. This act shall take effect immediately.