Senate Bill S578

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    578
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 offenses  for
   which  a  court  may  fix bail or commit a principal to custody of the
   sheriff

   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 is amended by adding a new paragraph (e-1) to read as follows:
   (E-1) THE  PRINCIPAL  HAS  BEEN DESIGNATED  A SEX OFFENDER UNDER ARTI-
 CLE SIX-C OF THE CORRECTION LAW;
   § 1-a. 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 to read as follows:
   3. In cases other than  as  described  in  subdivision  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: (A) release on the principal's own recognizance  will  not
 reasonably assure the principal's return to court; OR (B) THAT THE PRIN-
 CIPAL  HAS  BEEN DESIGNATED AS A SEX OFFENDER UNDER ARTICLE SIX-C OF THE
 CORRECTION LAW. 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; PROVIDED, HOWEVER, WHERE THE PRINCIPAL HAS BEEN  DESIG-
 NATED    A  SEX  OFFENDER UNDER ARTICLE SIX-C OF THE CORRECTION LAW, THE
 COURT MAY IN ITS DISCRETION  FIX  BAIL OR COMMIT THE  PRINCIPAL  TO  THE
 CUSTODY  OF THE SHERIFF. The court shall explain its [choice of securing
 order] DETERMINATION AND CONDITIONS on the record or in writing.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01262-01-5
 S. 578                              2
              

 
   § 2. Paragraph (b) of subdivision 1 of section 530.20 of the  criminal
 procedure  law  is amended by adding a new subparagraph (v-1) to read as
 follows:
   (V-1)  A SEX OFFENSE UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND HAS
 BEEN DESIGNATED  A SEX OFFENDER;
   § 3. Subdivision 4 of section 530.40 of the criminal procedure law  is
 amended by adding a new paragraph (e-1) to read as follows:
   (E-1)  A SEX OFFENSE UNDER ARTICLE SIX-C OF THE CORRECTION LAW AND HAS
 BEEN DESIGNATED  A SEX OFFENDER;
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.