S T A T E O F N E W Y O R K
________________________________________________________________________
930
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to providing for
the ability of a court to set bail for repeat offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 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 and a new subdivision 3-a is added to read
as follows:
3. In cases other than as described in subdivision THREE-A OR four of
this section, the court shall release the principal pending trial on the
principal's own recognizance, unless the court finds on the record or in
writing that release on the principal's own recognizance will not
reasonably assure the principal's return to court. In such instances,
the court shall release the principal under non-monetary conditions as
provided for in subdivision three-a of section 500.10 of this title that
will reasonably assure the principal's return to court. The court shall
explain its choice of securing order on the record or in writing.
3-A. IN CASES OTHER THAN AS DESCRIBED IN SUBDIVISION FOUR OF THIS
SECTION, WHERE THE PRINCIPAL STANDS CHARGED FOR THE THIRD TIME FOR THE
SAME OFFENSE WITHIN A PERIOD OF TWO YEARS, 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 CONDI-
TIONS, FIX BAIL, OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH
FIXING BAIL, OR, WHERE THE DEFENDANT IS CHARGED WITH AN OFFENSE WHICH IS
A FELONY, THE COURT MAY COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHER-
IFF.
§ 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
procedure law, as amended by section 6 of subpart A of part VV of chap-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00685-01-5
A. 930 2
ter 56 of the laws of 2023, is amended and a new paragraph (a-1) is
added to read as follows:
(a) In cases other than as described in paragraph (A-1) OR (b) of this
subdivision, the court shall release the principal pending trial on the
principal's own recognizance or release the principal pending trial
under non-monetary conditions, the determination for which shall be made
in accordance with subdivision one of section 510.10 of this title. The
court shall explain the basis for its determination and choice of secur-
ing order on the record or in writing.
(A-1) IN CASES OTHER THAN AS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDI-
VISION, WHERE THE PRINCIPAL STANDS CHARGED FOR THE THIRD TIME FOR THE
SAME OFFENSE WITHIN A PERIOD OF TWO YEARS, 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 CONDI-
TIONS, FIX BAIL, OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH
FIXING BAIL, OR, WHERE THE DEFENDANT IS CHARGED WITH AN OFFENSE WHICH IS
A FELONY, THE COURT MAY COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHER-
IFF.
§ 3. Subdivision 3 of section 530.40 of the criminal procedure law, as
amended by section 8 of subpart A of part VV of chapter 56 of the laws
of 2023, is amended and a new subdivision 3-a is added to read as
follows:
3. In cases other than as described in subdivision THREE-A OR four of
this section the court shall release the principal pending trial on the
principal's own recognizance or release the principal pending trial
under non-monetary conditions, the determination for which shall be made
in accordance with section 510.10 of this title. The court shall explain
the basis for its determination and choice of securing order on the
record or in writing.
3-A. IN CASES OTHER THAN AS DESCRIBED IN SUBDIVISION FOUR OF THIS
SECTION, WHERE THE PRINCIPAL STANDS CHARGED FOR THE THIRD TIME FOR THE
SAME OFFENSE WITHIN A PERIOD OF TWO YEARS, 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 CONDI-
TIONS, FIX BAIL, OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH
FIXING BAIL, OR, WHERE THE DEFENDANT IS CHARGED WITH AN OFFENSE WHICH IS
A FELONY, THE COURT MAY COMMIT THE PRINCIPAL TO THE CUSTODY OF THE SHER-
IFF.
§ 4. This act shall take effect on the thirtieth day after it shall
have become a law.