New York A 4976: Relates to drug and domestic violence offenses qualifying for bail

Bill Text

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A04976 Summary:

BILL NOA04976 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORButtenschon

&nbsp

COSPNSRJones, McMahon, Stern

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Adds drug and domestic violence offenses and crimes that result in death or serious physical injury as qualifying offenses for bail.

Go to top A04976 Actions:

BILL NOA04976 

&nbsp

02/10/2025referred to codes

01/07/2026referred to codes

Go to topA04976 Committee&nbspVotes:

Go to topA04976 Floor&nbspVotes:

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

Go to topA04976 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4976

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to drug and
 domestic violence offenses qualifying for bail

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

 1 Section 1. The opening paragraph and paragraphs (a), (d), (j), (t) and
 2 (u) of subdivision 4 of section 510.10 of the criminal procedure law,
 3 the opening paragraph as amended by section 2 of subpart A of part VV of
 4 chapter 56 of the laws of 2023, paragraphs (a) and (d) as amended and
 5 paragraph (j) as added by section 2 of part UU of chapter 56 of the laws
 6 of 2020, and paragraph (t) as amended and paragraph (u) as added by
 7 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
 8 amended and two new paragraphs (v) and (w) are added to read as follows:
 9 Where the principal stands charged with a qualifying offense, the
 10 court, unless otherwise prohibited by law, may in its discretion release
 11 the principal pending trial on the principal's own recognizance or under
 12 non-monetary conditions, fix bail, or order non-monetary conditions in
 13 conjunction with fixing bail, or, where the defendant is charged with a
 14 qualifying offense [which is a felony], the court may commit the princi-
 15 pal to the custody of the sheriff. A principal stands charged with a
 16 qualifying offense for the purposes of this subdivision when [he or she]
 17 such principal stands charged with:
 18 (a) a felony enumerated in section 70.02 of the penal law[, other than
 19 robbery in the second degree as defined in subdivision one of section
 20 160.10 of the penal law, provided, however, that burglary in the second
 21 degree as defined in subdivision two of section 140.25 of the penal law
 22 shall be a qualifying offense only where the defendant is charged with
 23 entering the living area of the dwelling];

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09128-01-5

 A. 4976 2

 1 (d) a class A felony as defined in the penal law[, provided that for
 2 class A felonies under article two hundred twenty of the penal law, only
 3 class A-I felonies shall be a qualifying offense];
 4 (j) any crime that is alleged to have caused the death or serious
 5 physical injury of another person;
 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, ba