New York A 6074: Relates to authorizing bail and pre-trial detention for arson felonies

Bill Text

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A06074 Summary:

BILL NOA06074 

&nbsp

SAME ASSAME AS S09229

&nbsp

SPONSORKay

&nbsp

COSPNSRLupardo, Angelino, Berger, Maher, Glick, Cashman, Williams, Pheffer Amato, O'Pharrow, McDonald

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Authorizes bail and pre-trial detention for all arson felonies.

Go to top A06074 Actions:

BILL NOA06074 

&nbsp

02/26/2025referred to codes

01/07/2026referred to codes

Go to topA06074 Committee&nbspVotes:

Go to topA06074 Floor&nbspVotes:

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

Go to topA06074 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6074

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 26, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to securing
 orders for principals charged with arson felony offenses

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

 1 Section 1. This act shall be known and may be cited as "Billy's law".
 2 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 3 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 4 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 5 2022, are amended and a new paragraph (v) is added 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] their own recognizance, released under conditions, or had
 11 yet to be arraigned after the issuance of a desk appearance ticket for a
 12 separate felony or class A misdemeanor involving harm to an identifiable
 13 person or property, or any charge of criminal possession of a firearm as
 14 defined in section 265.01-b of the penal law, provided, however, that
 15 the prosecutor must show reasonable cause to believe that the defendant
 16 committed the instant crime and any underlying crime. For the purposes
 17 of this subparagraph, any of the underlying crimes need not be a quali-
 18 fying offense as defined in this subdivision. For the purposes of this
 19 paragraph, "harm to an identifiable person or property" shall include
 20 but not be limited to theft of or damage to property. However, based
 21 upon a review of the facts alleged in the accusatory instrument, if the
 22 court determines that such theft is negligible and does not appear to be
 23 in furtherance of other criminal activity, the principal shall be
 24 released on [his or her] their own recognizance or under appropriate
 25 non-monetary conditions; [or]

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00083-01-5

 A. 6074 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 or
 5 (v) arson in the fourth degree as defined in section 150.05 of the
 6 penal law or arson in the third degree as defined in section 150.10 of
 7 the penal law.
 8 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 9 section 530.20 of the criminal procedure law, subparagraph (xx) as
 10 amended and subparagraph (xxi) as added by section 4 of subpart C of
 11 part UU of chapter 56 of the laws of 2022, are amended and a new
 12 subparagraph (xxii) is added to read as follows:
 13 (xx) any felony or class A misdemeanor involving harm to an identifi-
 14 able person or property, or any charge of criminal possession of a
 15 firearm as defined in section 265.01-b of the penal law where such
 16 charge arose from conduct occurring while the defendant was released on
 17 [his or her] their own recognizance, released under conditions, or had
 18 yet to be arraigned after the issuance of a desk appearance ticket for a
 19 separate felony or class A misdemeanor involving harm to an identifiable
 20 person or property, provided, however, that the pro