New York A 1586: Relates to the application of bail in certain prostitution and labor trafficking cases

Bill Text

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A01586 Summary:

BILL NOA01586 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORPaulin

&nbsp

COSPNSRBrabenec

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Authorizes courts to order remand or bail in certain prostitution and labor trafficking cases.

Go to top A01586 Actions:

BILL NOA01586 

&nbsp

01/10/2025referred to codes

01/07/2026referred to codes

Go to topA01586 Committee&nbspVotes:

Go to topA01586 Floor&nbspVotes:

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

Go to topA01586 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1586

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 10, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to the applica-
 tion of bail in certain prostitution cases and labor trafficking cases

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

 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10
 2 of the criminal procedure law, paragraph (t) as amended and paragraph
 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the
 4 laws of 2022, are amended and two new paragraphs (v) and (w) are added
 5 to read as follows:
 6 (t) any felony or class A misdemeanor involving harm to an identifi-
 7 able person or property, or any charge of criminal possession of a
 8 firearm as defined in section 265.01-b of the penal law, where such
 9 charge arose from conduct occurring while the defendant was released on
 10 [his or her] such defendant's own recognizance, released under condi-
 11 tions, or had yet to be arraigned after the issuance of a desk appear-
 12 ance ticket for a separate felony or class A misdemeanor involving harm
 13 to an identifiable person or property, or any charge of criminal
 14 possession of a firearm as defined in section 265.01-b of the penal law,
 15 provided, however, that the prosecutor must show reasonable cause to
 16 believe that the defendant committed the instant crime and any underly-
 17 ing crime. For the purposes of this subparagraph, any of the underlying
 18 crimes need not be a qualifying offense as defined in this subdivision.
 19 For the purposes of this paragraph, "harm to an identifiable person or
 20 property" shall include but not be limited to theft of or damage to
 21 property. However, based upon a review of the facts alleged in the accu-
 22 satory instrument, if the court determines that such theft is negligible
 23 and does not appear to be in furtherance of other criminal activity, the
 24 principal shall be released on [his or her] such principal's own recog-
 25 nizance or under appropriate non-monetary conditions; [or]

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04568-01-5

 A. 1586 2

 1 (u) criminal possession of a weapon in the third degree as defined in
 2 subdivision three of section 265.02 of the penal law or criminal sale of
 3 a firearm to a minor as defined in section 265.16 of the penal law[.];
 4 (v) a crime involving promoting prostitution under section 230.25,
 5 230.30 or 230.32 of the penal law or compelling prostitution as defined
 6 in section 230.33 of the penal law; or
 7 (w) labor trafficking as defined in section 135.35 of the penal law or
 8 aggravated labor trafficking as defined in section 135.37 of the penal
 9 law.
 10 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 11 section 530.20 of the criminal procedure law, subparagraph (xx) as
 12 amended and subparagraph (xxi) as added by section 4 of subpart C of
 13 part UU of chapter 56 of the laws of 2022, are amended and two new
 14 subparagraphs (xxii) and (xxiii) are added to read as follows:
 15 (xx) any felony or class A misdemeanor involving harm to an identifi-
 16 able person or property, or any charge of criminal possession of a
 17 firearm as defined in section 265.01-b of the penal law where such
 18 charge arose from conduct occurring while the defendant was released on
 19 [his or her] such defendant's own recognizance, released under condi-
 20 tions, or had yet to be arraigned after the issuance of a des