S T A T E O F N E W Y O R K
________________________________________________________________________
6622
2025-2026 Regular Sessions
I N A S S E M B L Y
March 6, 2025
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to designating
certain crimes relating to prostitution as qualifying offenses with
regard to bail eligibility
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10119-01-5
A. 6622 2
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) PROMOTING PROSTITUTION IN THE FOURTH DEGREE AS DEFINED IN SECTION
230.20 OF THE PENAL LAW; OR
(W) PATRONIZING A PERSON FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.04 OF THE PENAL LAW, WHERE SUCH PERSON PATRONIZED
IS LESS THAN SEVENTEEN YEARS OF AGE.
§ 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 para-
graphs (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) PROMOTING PROSTITUTION IN THE FOURTH DEGREE AS DEFINED IN
SECTION 230.20 OF THE PENAL LAW; OR
(XXIII) PATRONIZING A PERSON FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.04 OF THE PENAL LAW, WHERE SUCH PERSON PATRONIZED
IS LESS THAN SEVENTEEN YEARS OF AGE.
§ 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. 6622 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) PROMOTING PROSTITUTION IN THE FOURTH DEGREE AS DEFINED IN SECTION
230.20 OF THE PENAL LAW; OR
(W) PATRONIZING A PERSON FOR PROSTITUTION IN THE THIRD DEGREE AS
DEFINED IN SECTION 230.04 OF THE PENAL LAW, WHERE SUCH PERSON PATRONIZED
IS LESS THAN SEVENTEEN YEARS OF AGE.
§ 4. This act shall take effect immediately.