S T A T E O F N E W Y O R K
________________________________________________________________________
32
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. TEDISCO, BORRELLO, GRIFFO, HELMING, OBERACKER,
O'MARA, ORTT, STEC, WEIK -- 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 setting bail
for defendants who pose a threat to public safety
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 510.10 of the criminal procedure
law, as amended by section 1 of subpart C of part UU of chapter 56 of
the laws of 2022 and the opening paragraph as amended by section 2 of
subpart A of part VV of chapter 56 of the laws of 2023, is amended to
read as follows:
1. When a principal, whose future court attendance at a criminal
action or proceeding is or may be required, comes under the control of a
court, such court shall impose a securing order in accordance with this
title. Except as otherwise required by law, the court shall make an
individualized determination as to whether the principal poses a risk of
flight to avoid prosecution, consider the kind and degree of control or
restriction necessary to reasonably assure the principal's return to
court, and select a securing order consistent with its determination
under this subdivision OR THE COURT SHALL MAKE AN INDIVIDUALIZED DETER-
MINATION BASED ON THE PRINCIPAL'S RECORD OF A PRIOR FELONY CONVICTION,
A FAILURE TO APPEAR IN COURT OR IF THE PRINCIPAL IS ARRESTED DURING THE
INTERIM PERIOD WHILE AWAITING A PRELIMINARY HEARING OR TRIAL AND
SELECT A SECURING ORDER CONSISTENT WITH ITS DETERMINATION UNDER THIS
SUBDIVISION. The court shall explain the basis for its determination and
its choice of securing order on the record or in writing. In making a
determination under this subdivision, the court must consider and take
into account available information about the principal, including:
(a) The principal's activities and history;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00129-01-5
S. 32 2
(b) If the principal is a defendant, the charges facing the principal;
(c) The principal's criminal conviction record if any;
(d) The principal's record of previous adjudication as a juvenile
delinquent, as retained pursuant to section 354.1 of the family court
act, or, of pending cases where fingerprints are retained pursuant to
section 306.1 of such act, or a youthful offender, if any;
(e) The principal's previous record with respect to flight to avoid
criminal prosecution;
(f) If monetary bail is authorized, according to the restrictions set
forth in this title, the principal's individual financial circumstances,
and, in cases where bail is authorized, the principal's ability to post
bail without posing undue hardship, as well as [his or her] THE PRINCI-
PAL'S ability to obtain a secured, unsecured, or partially secured bond;
(g) Any violation by the principal of an order of protection issued by
any court;
(h) The principal's history of use or possession of a firearm;
(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.
§ 2. This act shall take effect immediately.