New York A 6358: Restores judicial discretion relating to bail reform; repealer

Bill Text

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A06358 Summary:

BILL NOA06358 

&nbsp

SAME ASSAME AS S00857

&nbsp

SPONSORTannousis

&nbsp

COSPNSRChludzinski, Giglio

&nbsp

MLTSPNSR

&nbsp

Amd §§500.10, 510.10, 510.20, 510.30, 510.45, 530.20 & 530.40, rpld §510.45 sub 3 ¶(b), §530.20 sub 1 ¶(b),
CP L

&nbsp

Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.

Go to top A06358 Actions:

BILL NOA06358 

&nbsp

03/04/2025referred to codes

05/13/2025held for consideration in codes

01/07/2026referred to codes

Go to topA06358 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 topA06358 Floor&nbspVotes:

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

Go to topA06358 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6358

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 4, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to bail reform;
 and to repeal certain provisions of such law relating thereto

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

 1 Section 1. Section 500.10 of the criminal procedure law is amended by
 2 adding a new subdivision 23 to read as follows:
 3 23. "Risk and needs assessment" means a risk and needs assessment
 4 instrument, approved by the chief administrative judge of the unified
 5 court system. Such approved assessment instrument shall be objective,
 6 standardized and developed based on analysis of empirical data and risk
 7 factors relevant to the principal's danger to the community and risk of
 8 failure of a principal to appear. Such approved assessment instrument
 9 shall not be discriminatory based on race, national origin, sex, any
 10 other protected class or socioeconomic status.
 11 § 2. Section 510.10 of the criminal procedure law, as amended by
 12 section 2 of part JJJ of chapter 59 of the laws of 2019, the opening
 13 paragraph as added by, the opening paragraph of subdivision 1, subdivi-
 14 sion 3, and the opening paragraph of subdivision 4, as amended by
 15 section 2 of subpart A of part VV of chapter 56 of the laws of 2023,
 16 subdivision 1 as amended by section 1 of subpart C of part UU of chapter
 17 56 of the laws of 2022, subdivision 4 as amended by section 2 of part UU
 18 of chapter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision
 19 4 as amended and paragraph (u) of subdivision 4 as added by section 2 of
 20 subpart B of part UU of chapter 56 of the laws of 2022, is amended to
 21 read as follows:
 22 § 510.10 Securing order; when required; alternatives available; standard
 23 to be applied.
 24 The imposition of a specific type of securing order is in some cases
 25 required by law and in other cases within the discretion of the court in

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02583-01-5

 A. 6358 2

 1 accordance with the principles of, and pursuant to its authority granted
 2 under, this title.
 3 1. When a principal, whose future court attendance at a criminal
 4 action or proceeding is or may be required, comes under the control of a
 5 court, such court shall impose a securing order [in accordance with this
 6 title] request of the applicable county pre-trial services agency that a
 7 risk and needs assessment be conducted on the eligible principal and
 8 such court shall take into account the risk and needs