New York A 7565: Relates to fixing bail and cause for arresting for non-citizen; repealer

Bill Text

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A07565 Summary:

BILL NOA07565 

&nbsp

SAME ASNo Same As

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SPONSORMolitor

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COSPNSR

&nbsp

MLTSPNSR

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Amd §§510.10, 530.20, 530.40 & 140.10, add §§510.55 & 530.35, CP L; amd §§10.00 & 70.15, rpld §70.15 sub 1-a,
Pen L

&nbsp

Makes all offenses qualifying offenses for bail where the principal is a non-citizen; requires courts remand without bail when any principal charged with an offense has an outstanding United States immigration and customs enforcement detainer; includes federal laws, rules, and regulations in the definition of offense; allows police officers to detain certain non-citizens; reinstates the maximum sentence for misdemeanors as three hundred sixty-five days.

Go to top A07565 Actions:

BILL NOA07565 

&nbsp

04/01/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA07565 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:05/13/2025AYE/NAY:16/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookAyeReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightAyeMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA07565 Floor&nbspVotes:

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

Go to topA07565 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7565

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 1, 2025
 ___________

 Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the criminal procedure law and the penal law, in
 relation to making all offenses qualifying offenses for bail where the
 principal is a non-citizen, requiring courts remand without bail any
 principal charged with an offense has an outstanding United States
 immigration and customs enforcement detainer, including federal laws,
 rules, and regulations in the definition of offense, allowing police
 officers to detain certain non-citizens, and reinstating the maximum
 sentence for misdemeanors as three hundred sixty-five days; and to
 repeal certain provisions of the penal law relating thereto

 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 a new paragraph (v) is added to read as
 5 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.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09561-02-5

 A. 7565 2

 1 For the purposes of this paragraph, "harm to an identifiable person or
 2 property" shall include but not be limited to theft of or damage to
 3 property. However, based upon a review of the facts alleged in the accu-
 4 satory instrument, if the court determines that such theft is negligible
 5 and does not appear to be in furtherance of other criminal activity, the
 6 principal shall be released on [his or her] such principal's own recog-
 7 nizance or under appropriate non-monetary conditions; [or]
 8 (u) criminal possession of a weapon in the third degree as defined