New York A 4206: Requires courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order

Bill Text

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A04206 Summary:

BILL NOA04206 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORReilly

&nbsp

COSPNSRNovakhov, Slater, Palmesano, Chludzinski, Sempolinski, Hawley, Angelino, DeStefano, Bailey, Tague,
 Blankenbush

&nbsp

MLTSPNSRGiglio

&nbsp

Amd §§510.10, 530.20, 530.40, 150.20, 530.60 & 510.30, CP L

&nbsp

Requires courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order; makes stalking in the second and third degree a qualifying offense; makes related provisions.

Go to top A04206 Actions:

BILL NOA04206 

&nbsp

01/31/2025referred to codes

04/02/2025held for consideration in codes

01/07/2026referred to codes

Go to topA04206 Committee&nbspVotes:

Committee:CODES Chair:Dinowitz 
DATE:04/02/2025AYE/NAY:14/6 Action: Held for Consideration DinowitzAyeMorinelloNay

CookExcusedReillyNay

LavineAyeMikulinNay

WeprinAyeTannousisNay

HevesiAyeAngelinoNay

SeawrightExcusedMolitorNay

RosenthalAye

WalkerAye

VanelAye

CruzAye

EpsteinAye

BoresAye

ReyesAye

CunninghamAye

RomeroAye

AlvarezAye

Go to topA04206 Floor&nbspVotes:

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

Go to topA04206 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4206

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 31, 2025
 ___________

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

 AN ACT to amend the criminal procedure law, in relation to requiring
 courts to consider whether an individual poses a risk or threat of
 physical danger to the safety of any person or the community when
 imposing a securing order and making certain crimes qualifying
 offenses

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

 1 Section 1. The opening paragraph of subdivision 1 of section 510.10 of
 2 the criminal procedure law, as amended by section 2 of subpart A of part
 3 VV of chapter 56 of the laws of 2023, is amended to read as follows:
 4 When a principal, whose future court attendance at a criminal action
 5 or proceeding is or may be required, comes under the control of a court,
 6 such court shall impose a securing order in accordance with this title.
 7 Except as otherwise required by law, the court shall make an individual-
 8 ized determination as to whether the principal poses a risk or threat
 9 of physical danger to the safety of any person or the community and make
 10 an individualized determination as to whether the principal poses a risk
 11 of flight to avoid prosecution[,]. The court shall consider the kind and
 12 degree of control or restriction necessary to reasonably assure the
 13 principal's return to court and the safety of any person or the communi-
 14 ty, and select a securing order consistent with its determination under
 15 this subdivision. The court shall explain the basis for its determi-
 16 nation and its choice of securing order on the record or in writing. In
 17 making a determination under this subdivision, the court must consider
 18 and take into account available information about the principal, includ-
 19 ing:
 20 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 21 criminal procedure law, paragraph (t) as amended and paragraph (u) as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03673-01-5

 A. 4206 2

 1 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 2 2022, are amended and a new paragraph (v) is added to read as follows:
 3 (t) any felony or class A misdemeanor involving harm to an identifi-
 4 able person or property, or any charge of criminal possession of a
 5 firearm as defined in section 265.01-b of the penal law, where such
 6 charge arose from conduct occurring while the defendant was released on
 7 [his or her] such defendant's own recognizance, released under condi-
 8 tions, or had yet to be arraigned after the issuance of a desk appear-
 9 ance ticket for a separate felony or class A misdemeanor involving harm
 10 to an identifiable person or property, or any charge of criminal
 11 possession of a firearm as defined in section 265.01-b of the penal law,
 12 provided, however