New York S 10104: Includes offenses involving physical harm or danger to others to be qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail

Bill Text

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S10104 Summary:

BILL NOS10104 

&nbsp

SAME ASSAME AS A07064

&nbsp

SPONSORADDABBO

&nbsp

COSPNSRRYAN C, SUTTON

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

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Includes offenses involving situations where a person physically harms another or engages in conduct that results in an unacceptable level of danger as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail; requires the Office of Court Administration, in conjunction with the New York State Division of Criminal Justice Services, to manage an electronic tracking system maintaining a record of all bail decisions and to deliver a report to the legislature.

Go to top S10104 Actions:

BILL NOS10104 

&nbsp

04/29/2026REFERRED TO CODES

Go to topS10104 Committee&nbspVotes:

Go to topS10104 Floor&nbspVotes:

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

Go to topS10104 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10104

 IN SENATE

 April 29, 2026
 ___________

 Introduced by Sen. ADDABBO -- 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 including
 certain offenses involving situations where a person physically harms
 another or engages in conduct that results in an unacceptable level of
 danger as qualifying offenses for the purpose of allowing a principal
 to be eligible to be held on bail; and to require the Office of Court
 Administration to establish an electronic tracking system maintaining
 a record of all bail decisions and to deliver a report to the legisla-
 ture

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

 1 Section 1. Paragraphs (a), (m), (t) and (u) of subdivision 4 of
 2 section 510.10 of the criminal procedure law, paragraph (a) as amended
 3 and paragraph (m) as added by section 2 of part UU of chapter 56 of the
 4 laws of 2020, and paragraph (t) as amended and paragraph (u) as added by
 5 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
 6 amended and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb)
 7 are added to read as follows:
 8 (a) a felony enumerated in section 70.02 of the penal law[, other than
 9 robbery in the second degree as defined in subdivision one of section
 10 160.10 of the penal law, provided, however, that burglary in the second
 11 degree as defined in subdivision two of section 140.25 of the penal law
 12 shall be a qualifying offense only where the defendant is charged with
 13 entering the living area of the dwelling];
 14 (m) assault in the third degree as defined in section 120.00 of the
 15 penal law [or arson in the third degree as defined in section 150.10 of
 16 the penal law], when such crime is charged as a hate crime as defined in
 17 section 485.05 of the penal law;
 18 (t) any felony or class A misdemeanor involving harm to an identifi-
 19 able person or property, or any charge of criminal possession of a
 20 firearm as defined in section 265.01-b of the penal law[, where such
 21 charge arose from conduct occurring while the defendant was released on
 22 his or her own recognizance, released under conditions, or had yet to be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09472-01-5

 S. 10104 2

 1 arraigned after the issuance of a desk appearance ticket for a separate
 2 felony or class A misdemeanor involving harm to an identifiable person
 3 or property, or any charge of criminal possession of a firearm as
 4 defined in section 265.01-b of the penal law, provided, however, that
 5 the prosecutor must show reasonable cause to believe that the defendant
 6 committed the instant crime and any underlying crime. For the purposes
 7 of this subparagraph, any of the underlying crimes need not be a quali-
 8 fying offense as defined in this subdivision]. For the purposes of this
 9 paragraph, "harm to an identifiable person or property" shall include
 10 but not be limited to theft of or damage to property. However, based
 11 upon a review of the facts alleged in the accusatory instrument, if the
 12 court determines that such theft is negligible and does not a