New York A 2357: Release of persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, bail or custody of the sheriff

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A02357 Summary:

BILL NOA02357 

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SAME ASNo Same As

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SPONSOREichenstein

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COSPNSR

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MLTSPNSR

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Amd §§510.10, 510.30, 530.20, 530.40 & 530.60, CP L

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Authorizes the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the custody of the sheriff.

Go to top A02357 Actions:

BILL NOA02357 

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01/16/2025referred to codes

01/07/2026referred to codes

Go to topA02357 Committee&nbspVotes:

Go to topA02357 Floor&nbspVotes:

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

Go to topA02357 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2357

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to authorizing
 the court the discretion to release persons charged with certain
 crimes involving possession of a firearm on their own recognizance or
 under non-monetary conditions, fix bail, or commit the person to the
 custody of the sheriff

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

 1 Section 1. Paragraph (u) of subdivision 4 of section 510.10 of the
 2 criminal procedure law, as added by section 2 of subpart B of part UU of
 3 chapter 56 of the laws of 2022, is amended to read as follows:
 4 (u) criminal possession of a weapon in the third degree as defined in
 5 subdivision three of section 265.02 of the penal law or criminal sale of
 6 a firearm to a minor as defined in section 265.16 of the penal law or
 7 any other felony offense involving criminal possession of a firearm or
 8 criminal possession of a weapon in violation of article two hundred
 9 sixty-five of the penal law.
 10 § 2. Section 510.10 of the criminal procedure law is amended by adding
 11 a new subdivision 7 to read as follows:
 12 7. When the principal is charged with a crime as defined in article
 13 two hundred sixty-five of the penal law that involves a machine-gun,
 14 firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
 15 assault weapon, the court may in its discretion release the principal
 16 pending trial on the principal's own recognizance or under non-monetary
 17 conditions, fix bail, or the court may commit the principal to the
 18 custody of the sheriff without considering the likelihood that the
 19 defendant will return for court or selecting the least restrictive means
 20 necessary to ensure their return to court.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02225-01-5

 A. 2357 2

 1 § 3. The opening paragraph of subdivision 1 of section 510.30 of the
 2 criminal procedure law, as amended by section 4 of subpart A of part VV
 3 of chapter 56 of the laws of 2023, is amended to read as follows:
 4 With respect to any principal, the court [in all cases], unless other-
 5 wise provided by law, must impose a securing order in accordance with
 6 section 510.10 of this article, and shall explain the basis for its
 7 determination and choice of securing order on the record or in writing.
 8 § 4. Section 510.30 of the criminal procedure law is amended by adding
 9 a new subdivision 4 to read as follows:
 10 4. When the principal is charged with a crime as defined in article
 11 two hundred sixty-five of the penal law that involves a machine-gun,
 12 firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
 13 assault weapon, the court may in its discretion release the principal
 14 pending trial on the principal's own recognizance or under non-monetary
 15 conditions, fix bail, or the court may commit the principal to the
 16 custody of the sheriff without considering the likelihood that the
 17 defendant will return for court or selecting the least restrictive means
 18 necessary to ensure their return to court.
 19 § 5. Subparagraph (xxi) of paragraph (b) of subdivision 1 of section
 20 530.20 of the criminal procedure law, as amended by section 4 of subpart
 21 C of part UU of chapter 56 of the laws of 2022, is amen