New York A 4056: Relates to authorizing bail for certain offenses committed during a riot

Bill Text

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A04056 Summary:

BILL NOA04056 

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SAME ASNo Same As

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SPONSORStern

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COSPNSR

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MLTSPNSR

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Amd §§510.10, 530.20 & 530.40, CP L

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Authorizes bail for class A misdemeanors and felonies committed during a riot.

Go to top A04056 Actions:

BILL NOA04056 

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01/31/2025referred to codes

01/07/2026referred to codes

Go to topA04056 Committee&nbspVotes:

Go to topA04056 Floor&nbspVotes:

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

Go to topA04056 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4056

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

 Introduced by M. of A. STERN -- read once and referred to the Committee
 on Codes

 AN ACT to amend the criminal procedure law, in relation to authorizing
 bail for certain offenses committed during a riot

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

 1 Section 1. Paragraphs (a) and (u) of subdivision 4 of section 510.10
 2 of the criminal procedure law, paragraph (a) as amended by section 2 of
 3 part UU of chapter 56 of the laws of 2020, paragraph (u) as added by
 4 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
 5 amended and a new paragraph (v) is added to read as follows:
 6 (a) a felony enumerated in section 70.02 of the penal law, other than
 7 robbery in the second degree as defined in subdivision one of section
 8 160.10 of the penal law, provided, however, that burglary in the second
 9 degree as defined in subdivision two of section 140.25 of the penal law
 10 shall be a qualifying offense only where the defendant is charged with
 11 entering the living area of the dwelling or is charged with committing
 12 such offense while engaging in a riot as defined in article two hundred
 13 forty of the penal law;
 14 (u) criminal possession of a weapon in the third degree as defined in
 15 subdivision three of section 265.02 of the penal law or criminal sale of
 16 a firearm to a minor as defined in section 265.16 of the penal law[.];
 17 or
 18 (v) any felony or class A misdemeanor involving harm to an iden-
 19 tifiable person or property, where such charge arose from conduct
 20 occurring while the defendant was engaging in a riot as defined in arti-
 21 cle two hundred forty of the penal law.
 22 § 2. Subparagraphs (i) and (xxi) of paragraph (b) of subdivision 1 of
 23 section 530.20 of the criminal procedure law, subparagraph (i) as
 24 amended by section 3 of part UU of chapter 56 of the laws of 2020,
 25 subparagraph (xxi) as added by section 4 of subpart C of part UU of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02525-01-5

 A. 4056 2

 1 chapter 56 of the laws of 2022, are amended and a new subparagraph
 2 (xxii) is added to read as follows:
 3 (i) a felony enumerated in section 70.02 of the penal law, other than
 4 robbery in the second degree as defined in subdivision one of section
 5 160.10 of the penal law, provided, however, that burglary in the second
 6 degree as defined in subdivision two of section 140.25 of the penal law
 7 shall be a qualifying offense only where the defendant is charged with
 8 entering the living area of the dwelling, or is charged with committing
 9 such offense while engaging in a riot as defined in article two hundred
 10 forty of the penal law;
 11 (xxi) criminal possession of a weapon in the third degree as defined
 12 in subdivision three of section 265.02 of the penal law or criminal sale
 13 of a firearm to a minor as defined in section 265.16 of the penal
 14 law[.]; or
 15 (xxii) any felony or class A misdemeanor involving harm to an
 16 identifiable person or property, where such charge arose from conduct
 17 occurring while the defendant was engaging in a riot as defined in arti-
 18 cle two hundred forty of the penal law.
 19 § 3. Paragraphs (a) and (u) of subdivision 4 of section 530.40 of the
 20 criminal procedure law, paragraph (a) as amended by section 4 of part UU
 21 of chapter 56 of the laws of 2020, paragraph (u) as added by section 4
 22 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
 23 and a new paragraph (v) is added to read as follows:
 24 (