Senate Bill S1748

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1748
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to securing
   orders for principals charged with arson felony offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Billy's law".
   §  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
 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] THEIR own recognizance, released under conditions,  or  had
 yet to be arraigned after the issuance of a desk appearance 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 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] THEIR own  recognizance  or  under  appropriate
 non-monetary conditions; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00083-01-5
              

 S. 1748                             2
 
   (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)  ARSON  IN  THE  FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE
 PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION  150.10  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
 subparagraph (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] THEIR own recognizance, released under conditions,  or  had
 yet to be arraigned after the issuance of a desk appearance 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 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 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]
 THEIR 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[.]; OR
   (XXII)  ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE
 PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION  150.10  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] THEIR own recognizance, released under conditions,  or  had
 yet to be arraigned after the issuance of a desk appearance 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 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
 S. 1748                             3
 
 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] THEIR own  recognizance  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)  ARSON  IN  THE  FOURTH DEGREE AS DEFINED IN SECTION 150.05 OF THE
 PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION  150.10  OF
 THE PENAL LAW.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.