New York S 1905: Makes the crimes of menacing and stalking bail eligible

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S01905 Summary:

BILL NOS01905 

&nbsp

SAME ASSAME AS A07327

&nbsp

SPONSORO'MARA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§150.20, 510.10 & 530.40, CP L

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Makes the crimes of menacing and stalking bail eligible.

Go to top S01905 Actions:

BILL NOS01905 

&nbsp

01/14/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS01905 Committee&nbspVotes:

Go to topS01905 Floor&nbspVotes:

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

Go to topS01905 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1905

 2025-2026 Regular Sessions

 IN SENATE

 January 14, 2025
 ___________

 Introduced by Sen. O'MARA -- 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 making menac-
 ing and stalking qualifying offenses for the purposes of bail

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

 1 Section 1. Subparagraphs (x) and (xi) of paragraph (b) of subdivision
 2 1 of section 150.20 of the criminal procedure law, as added by section 1
 3 of subpart B of part UU of chapter 56 of the laws of 2022, are amended
 4 and two new subparagraphs (xii) and (xiii) are added to read as follows:
 5 (x) the person is eighteen years of age or older and charged with a
 6 hate crime as defined in section 485.05 of the penal law; [or]
 7 (xi) the offense is a qualifying offense pursuant to paragraph (t) of
 8 subdivision four of section 510.10 of this chapter, or pursuant to para-
 9 graph (t) of subdivision four of section 530.40 of this chapter[.];
 10 (xii) the offense is a qualifying offense pursuant to paragraph (v) of
 11 subdivision four of section 510.10 of this chapter, or pursuant to para-
 12 graph (v) of subdivision four of section 530.40 of this chapter; or
 13 (xiii) the offense is a qualifying offense pursuant to paragraph (w)
 14 of subdivision four of section 510.10 of this chapter, or pursuant to
 15 paragraph (w) of subdivision four of section 530.40 of this chapter.
 16 § 2. Paragraph (h) of subdivision 4 of section 510.10 of the criminal
 17 procedure law, as amended by section 2 of part UU of chapter 56 of the
 18 laws of 2020, is amended to read as follows:
 19 (h) criminal contempt in the second degree as defined in subdivision
 20 three of section 215.50 of the penal law, criminal contempt in the first
 21 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
 22 the penal law or aggravated criminal contempt as defined in section
 23 215.52 of the penal law, and the underlying allegation of such charge of
 24 criminal contempt in the second degree, criminal contempt in the first
 25 degree or aggravated criminal contempt is that the defendant violated a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04898-01-5

 S. 1905 2

 1 duly served order of protection where the protected party is a member of
 2 the defendant's same family or household as defined in subdivision one
 3 of section 530.11 of this title, or such protected party is the victim
 4 of an alleged crime involving menacing or stalking;
 5 § 3. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 6 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 7 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 8 2022, are amended and two new paragraphs (v) and (w) are added to read
 9 as follows:
 10 (t) any felony or class A misdemeanor involving harm to an identifi-
 11 able person or property, or any charge of criminal possession of a
 12 firearm as defined in section 265.01-b of the penal law, where such
 13 charge arose from conduct occurring while the defendant was released on
 14 [his or her] such defendant's own recognizance, released under condi-
 15 tions, or had yet to be arraigned after the issuance of a desk appear-
 16 ance ticket for a separate felony or class A misdemeanor involving harm
 17 to an identifiable person or property, or any charge of criminal
 18 possession of a firearm as defined in section 265.01-b of the penal law,
 19 provided, however, that the prosecutor must show reasonable cause to
 20 believe that the def