Senate Bill S8163

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8163
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  authorizing
   bail  for  certain  offenses  involving threats of mass harm against a
   school district, school, school staff or a student

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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] PARAGRAPH, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09603-04-5
 S. 8163                             2
              

 
 shall be released on [his or her] THEIR own recognizance or under appro-
 priate 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)  AGGRAVATED  HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
 240.30 OF THE PENAL LAW, AGGRAVATED HARASSMENT IN THE  FIRST  DEGREE  AS
 DEFINED IN SECTION 240.31 OF THE PENAL LAW, MAKING A THREAT OF MASS HARM
 AS DEFINED IN SECTION 240.78 OF THE PENAL LAW, AGGRAVATED THREAT OF MASS
 HARM  AS  DEFINED IN SECTION 240.79 OF THE PENAL LAW OR, NOTWITHSTANDING
 THE PROVISIONS OF PARAGRAPH (G) OF THIS SUBDIVISION, MAKING A  TERRORIS-
 TIC THREAT AS DEFINED IN SECTION 490.20 OF THE PENAL LAW, AND IS ALLEGED
 TO HAVE COMMITTED SUCH OFFENSE AGAINST A SCHOOL DISTRICT, SCHOOL, SCHOOL
 STAFF OR A STUDENT.
   § 2. 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 subpar-
 agraph (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] SUBPARAGRAPH,
 "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  deter-
 mines  that such theft is negligible and does not appear to be in furth-
 erance 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) AGGRAVATED HARASSMENT  IN  THE  SECOND  DEGREE  AS  DEFINED  IN
 SECTION  240.30  OF  THE  PENAL  LAW, AGGRAVATED HARASSMENT IN THE FIRST
 DEGREE AS DEFINED IN SECTION 240.31 OF THE PENAL LAW, MAKING A THREAT OF
 MASS HARM AS DEFINED IN SECTION 240.78  OF  THE  PENAL  LAW,  AGGRAVATED
 THREAT  OF  MASS  HARM AS DEFINED IN SECTION 240.79 OF THE PENAL LAW OR,
 NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (VII) OF THIS  PARAGRAPH,
 MAKING  A  TERRORISTIC  THREAT AS DEFINED IN SECTION 490.20 OF THE PENAL
 LAW, AND IS ALLEGED TO HAVE COMMITTED  SUCH  OFFENSE  AGAINST  A  SCHOOL
 DISTRICT, SCHOOL, SCHOOL STAFF OR A STUDENT.
   §  3. 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:
 S. 8163                             3
 
   (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] PARAGRAPH, 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 appro-
 priate 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)  AGGRAVATED  HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION
 240.30 OF THE PENAL LAW, AGGRAVATED HARASSMENT IN THE  FIRST  DEGREE  AS
 DEFINED IN SECTION 240.31 OF THE PENAL LAW, MAKING A THREAT OF MASS HARM
 AS DEFINED IN SECTION 240.78 OF THE PENAL LAW, AGGRAVATED THREAT OF MASS
 HARM  AS  DEFINED IN SECTION 240.79 OF THE PENAL LAW OR, NOTWITHSTANDING
 THE PROVISIONS OF PARAGRAPH (G) OF THIS SUBDIVISION, MAKING A  TERRORIS-
 TIC THREAT AS DEFINED IN SECTION 490.20 OF THE PENAL LAW, AND IS ALLEGED
 TO HAVE COMMITTED SUCH OFFENSE AGAINST A SCHOOL DISTRICT, SCHOOL, SCHOOL
 STAFF OR A STUDENT.
   § 4. This act shall take effect immediately.