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Assembly Bill A5748

2025-2026 Legislative Session

Adds a defendant's identifiable ties to the community, state, and/or county to judges' considerations of whether to fix a securing order

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Current Bill Status - In Assembly Committee

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2025-A5748 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in 2023-2024 Legislative Session:
A7067

2025-A5748 (ACTIVE) - Summary

Adds a defendant's identifiable ties to the community, state, and/or county to judges' considerations of whether to fix a securing order, including residence, employment, enrollment with an educational institution, and immediate family.

2025-A5748 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5748
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  adding  a
   defendant's  identifiable  ties to the community, state, and/or county
   to judges' considerations of whether to fix a securing order

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (i) and (j) of subdivision 1 of section 510.10
 of the criminal procedure law, as added by section 1  of  subpart  C  of
 part  UU  of chapter 56 of the laws of 2022, are amended and a new para-
 graph (k) is added to read as follows:
   (i) Whether the charge is alleged to have caused serious  harm  to  an
 individual or group of individuals; [and]
   (j) If the principal is a defendant, in the case of an application for
 a  securing  order  pending  appeal,  the  merit or lack of merit of the
 appeal[.]; AND
   (K) IF THE PRINCIPAL IS A DEFENDANT, WHETHER THE PRINCIPAL HAS TWO  OR
 MORE  IDENTIFIABLE  TIES TO THE COMMUNITY, STATE, AND/OR COUNTY, INCLUD-
 ING, BUT NOT LIMITED TO:
   (I) RESIDENCE;
   (II) EMPLOYMENT;
   (III) ENROLLMENT WITH AN EDUCATIONAL INSTITUTION;
   (IV) IMMEDIATE FAMILY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10048-01-5

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