NY State Senate Bill 2025-S578

Senate Bill S578

2025-2026 Legislative Session

Relates to offenses for which a court may fix bail or commit a principal to custody of the sheriff

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to codes

2025-S578 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8233
2021-2022: S2615
2023-2024: S2523

2025-S578 (ACTIVE) - Summary

Authorizes a court to set bail or commit a principal to custody where the principal has been designated a sex offender.

2025-S578 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S578

SPONSOR: HELMING
 
TITLE OF BILL:

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 sher-
iff

 
PURPOSE:

The purpose of this bill is to allow courts to fix bail or commit a
principal to custody of the sheriff in cases of offenses committed by
sex offenders.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 1 of section 510.10 of the criminal proce-
dure 2 law is amended by adding a new paragraph (e-1)

Section 2 amends Paragraph (b) of subdivision 1 of section 530.20 of the
criminal procedure law by adding a new subparagraph (v-1)

Section 3 amends subdivision 4 of section 530.40 of the criminal proce-
dure law is by adding a new paragraph (e-1)

Section 4 provides the effective date

 
JUSTIFICATION:

This act is in response to the bail reform that passed and has allowed
sexual predators to be freely released into our communities after
committing crimes. In the best interest of the safety of New York resi-
dents, this bill aims to give discretion back to the judicial system
when an individual commits a crime and was previously designated as a
sex offender. Sex offenders should not just to be automatic releases
back into our communities. Our judges should be able to make the deter-
mination if this individual should be released or held on bail.

 
LEGISLATIVE HISTORY:

2023-2024: S.2523 referred to Codes

2021-2022: S.2615 referred to Codes/A.3761 referred to Codes

2020: S.8233 referred to Codes/A.10269 referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2025-S578 (ACTIVE) - Bill Text download pdf

                             
                     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.

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