New York S 3295: Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses

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S03295 Summary:

BILL NOS03295 

&nbsp

SAME ASSAME AS A09628

&nbsp

SPONSORWEIK

&nbsp

COSPNSRPALUMBO, RHOADS

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MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

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Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.

Go to top S03295 Actions:

BILL NOS03295 

&nbsp

01/24/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03295 Committee&nbspVotes:

Go to topS03295 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03295 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3295

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sen. 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 ensuring
 repeat offenders qualify for bail and pre-trial detention

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The opening paragraph and paragraphs (t) and (u) of subdi-
 2 vision 4 of section 510.10 of the criminal procedure law, the opening
 3 paragraph as amended by section 2 of subpart A of part VV of chapter 56
 4 of the laws of 2023, paragraph (t) as amended and paragraph (u) as added
 5 by section 2 of subpart B of part UU of chapter 56 of the laws of 2022,
 6 are amended and a new paragraph (v) is added to read as follows:
 7 Where the principal stands charged with a qualifying offense, the
 8 court, unless otherwise prohibited by law, may in its discretion release
 9 the principal pending trial on the principal's own recognizance or under
 10 non-monetary conditions, fix bail, or order non-monetary conditions in
 11 conjunction with fixing bail, or, where the defendant is charged with a
 12 qualifying offense [which is a felony], the court may commit the princi-
 13 pal to the custody of the sheriff. A principal stands charged with a
 14 qualifying offense for the purposes of this subdivision when [he or she]
 15 such principal stands charged with:
 16 (t) any felony or class A misdemeanor involving harm to an identifi-
 17 able person or property, or any charge of criminal possession of a
 18 firearm as defined in section 265.01-b of the penal law, where such
 19 charge arose from conduct occurring while the defendant was released on
 20 [his or her] such defendant's own recognizance, released under condi-
 21 tions, or had yet to be arraigned after the issuance of a desk appear-
 22 ance ticket for a separate felony or class A misdemeanor involving harm
 23 to an identifiable person or property, or any charge of criminal
 24 possession of a firearm as defined in section 265.01-b of the penal law,
 25 provided, however, that the prosecutor must show reasonable cause to

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05528-01-5

 S. 3295 2

 1 believe that the defendant committed the instant crime and any underly-
 2 ing crime. For the purposes of this subparagraph, any of the underlying
 3 crimes need not be a qualifying offense as defined in this subdivision.
 4 For the purposes of this paragraph, "harm to an identifiable person or
 5 property" shall include but not be limited to theft of or damage to
 6 property. However, based upon a review of the facts alleged in the accu-
 7 satory instrument, if the court determines that such theft is negligible
 8 and does not appear to be in furtherance of other criminal activity, the
 9 principal shall be released on [his or her] such principal's own recog-
 10 nizance or under appropriate non-monetary conditions; [or]
 11 (u) criminal possession of a weapon in the third degree as defined in
 12 subdivision three of section 265.02 of the penal law or criminal sale of
 13 a firearm to a minor as defined in section 265.16 of the penal law[.];
 14 or
 15 (v) a misdemeanor or felony offense and the principal has been
 16 convicted of one or more misdemeanor or felony offenses within the imme-
 17 diate preceding five years.
 18 § 2. The opening paragraph and subparagraphs (xx) and (xxi) of para-