New York S 8163: Relates to bail for certain offenses involving threats of mass harm against a school district, school, school staff or a student

Bill Text

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S08163 Summary:

BILL NOS08163 

&nbsp

SAME ASSAME AS A06597-A

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSRMARTINEZ, MATTERA, PALUMBO, RHOADS, ROLISON

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

&nbsp

Authorizes the imposition of bail for certain offenses involving threats of mass harm against a school district, school, school staff or a student.

Go to top S08163 Actions:

BILL NOS08163 

&nbsp

05/16/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS08163 Committee&nbspVotes:

Go to topS08163 Floor&nbspVotes:

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

Go to topS08163 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8163

 2025-2026 Regular Sessions

 IN SENATE

 May 16, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- 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 authorizing
 bail for certain offenses involving threats of mass harm against a
 school district, school, school staff or a student

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

 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10
 2 of the criminal procedure law, paragraph (t) as amended and paragraph
 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the
 4 laws of 2022, are amended and a new paragraph (v) is added to read as
 5 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] paragraph, any of the underlying crimes need not
 18 be a qualifying offense as defined in this subdivision. For the purposes
 19 of this paragraph, "harm to an identifiable person or property" shall
 20 include but not be limited to theft of or damage to property. However,
 21 based upon a review of the facts alleged in the accusatory instrument,
 22 if the court determines that such theft is negligible and does not
 23 appear to be in furtherance of other criminal activity, the principal

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09603-04-5

 S. 8163 2

 1 shall be released on [his or her] their own recognizance or under appro-
 2 priate non-monetary conditions; [or]
 3 (u) criminal possession of a weapon in the third degree as defined in
 4 subdivision three of section 265.02 of the penal law or criminal sale of
 5 a firearm to a minor as defined in section 265.16 of the penal law[.];
 6 or
 7 (v) aggravated harassment in the second degree as defined in section
 8 240.30 of the penal law, aggravated harassment in the first degree as
 9 defined in section 240.31 of the penal law, making a threat of mass harm
 10 as defined in section 240.78 of the penal law, aggravated threat of mass
 11 harm as defined in section 240.79 of the penal law or, notwithstanding
 12 the provisions of paragraph (g) of this subdivision, making a terroris-
 13 tic threat as defined in section 490.20 of the penal law, and is alleged
 14 to have committed such offense against a school district, school, school
 15 staff or a student.
 16 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 17 section 530.20 of the criminal procedure law, subparagraph (xx) as
 18 amended and subparagraph (xxi) as added by section 4 of subpart C of
 19 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 20 agraph (xxii) is added to read as follows:
 2