New York S 5667: Relates to the elimination of bail; repealer

Bill Text

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S05667 Summary:

BILL NOS05667 

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SAME ASNo Same As

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SPONSORASHBY

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COSPNSRCANZONERI-FITZPATRICK, GALLIVAN, MATTERA, MURRAY, OBERACKER, O'MARA, RHOADS, ROLISON, WALCZYK,
 WEBER, WEIK

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MLTSPNSR

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Rpld Arts 520 & 540, §420.10 sub 1 ¶(e), §§530.80, 570.38 & 570.42, amd CP L, generally; rpld §246-a, Lien L;
ren Art 50 §§1000 - 1003 to be Art 51 §§1100 - 1103, add Art 50 §§1005 & 1006, Exec L

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Eliminates bail for all offenses; provides for imposition of restrictions and conditions and remand for certain offenses; directs consideration of a defendant's character, reputation, habits, mental condition, activities and history, and whether they pose a danger to themselves, another person or the community, when determining a securing order; creates the commission on public safety reform to issue a determination on which offenses should be eligible for pretrial detention.

Go to top S05667 Actions:

BILL NOS05667 

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02/26/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05667 Committee&nbspVotes:

Go to topS05667 Floor&nbspVotes:

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

Go to topS05667 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5667

 2025-2026 Regular Sessions

 IN SENATE

 February 26, 2025
 ___________

 Introduced by Sens. ASHBY, CANZONERI-FITZPATRICK, GALLIVAN, MATTERA,
 MURRAY, OBERACKER, RHOADS, ROLISON, WALCZYK, WEBER, WEIK -- 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 eliminating
 bail; to amend the executive law, in relation to establishing a
 commission on public safety reform; and to repeal certain provisions
 of the criminal procedure law and the lien law relating thereto

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

 1 Section 1. Subdivisions 2 and 3 of section 140.20 of the criminal
 2 procedure law, as amended by section 3 of subpart B of part VV of chap-
 3 ter 56 of the laws of 2023 and the opening paragraph of subdivision 2
 4 and paragraph (a) of subdivision 3 as separately amended by chapter 23
 5 of the laws of 2024, are amended to read as follows:
 6 2. If the arrest is for an offense other than a class A, B, C or D
 7 felony or a violation of section 130.25, former section 130.40, section
 8 205.10, 205.17, 205.19 or 215.56 of the penal law, or other than where
 9 an arrest is required to be made pursuant to subdivision four of section
 10 140.10 of this article, the arrested person need not be brought before a
 11 local criminal court as provided in subdivision one, and [the procedure
 12 may instead be as follows:
 13 (a) A] instead a police officer may issue and serve an appearance
 14 ticket upon the arrested person and release [him] such person from
 15 custody, as prescribed in subdivision two of section 150.20 of this
 16 title[; or
 17 (b) The desk officer in charge at a police station, county jail or
 18 police headquarters, or any of his superior officers, may, in such place
 19 fix pre-arraignment bail and, upon deposit thereof, issue and serve an
 20 appearance ticket upon the arrested person and release him from custo-
 21 dy].

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10084-02-5

 S. 5667 2

 1 3. Other than where an arrest is required to be made pursuant to
 2 subdivision four of section 140.10 of this article, if (a) the arrest is
 3 for an offense other than a class A, B, C or D felony or a violation of
 4 section 130.25, former section 130.40, section 205.10, 205.17, 205.19 or
 5 215.56 of the penal law, and (b) owing to unavailability of a local
 6 criminal court the arresting police officer is unable to bring the
 7 arrested person before such a court with reasonable promptness, either
 8 an appearance ticket must be served unconditionally upon the arrested
 9 person [or pre-arraignment bail must be fixed, as prescribed in subdivi-
 10 sion two. If pre-arraignment bail is fixed but not posted, such arrested
 11 person may be temporarily held in custody but must be brought before a
 12 local criminal court witho