New York A 7064: Includes offenses involving physical harm or danger to others to be qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail

Bill Text

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A07064 Summary:

BILL NOA07064 

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SAME ASSAME AS S10104

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SPONSOREichenstein

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COSPNSR

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MLTSPNSR

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Amd §§510.10, 530.20 & 530.40, CP L

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Includes offenses involving situations where a person physically harms another or engages in conduct that results in an unacceptable level of danger as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail; requires the Office of Court Administration, in conjunction with the New York State Division of Criminal Justice Services, to manage an electronic tracking system maintaining a record of all bail decisions and to deliver a report to the legislature.

Go to top A07064 Actions:

BILL NOA07064 

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03/20/2025referred to codes

01/07/2026referred to codes

Go to topA07064 Committee&nbspVotes:

Go to topA07064 Floor&nbspVotes:

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

Go to topA07064 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7064

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 20, 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 including
 certain offenses involving situations where a person physically harms
 another or engages in conduct that results in an unacceptable level of
 danger as qualifying offenses for the purpose of allowing a principal
 to be eligible to be held on bail; and to require the Office of Court
 Administration to establish an electronic tracking system maintaining
 a record of all bail decisions and to deliver a report to the legisla-
 ture

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

 1 Section 1. Paragraphs (a), (m), (t) and (u) of subdivision 4 of
 2 section 510.10 of the criminal procedure law, paragraph (a) as amended
 3 and paragraph (m) as added by section 2 of part UU of chapter 56 of the
 4 laws of 2020, and paragraph (t) as amended and paragraph (u) as added by
 5 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are
 6 amended and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb)
 7 are added to read as follows:
 8 (a) a felony enumerated in section 70.02 of the penal law[, other than
 9 robbery in the second degree as defined in subdivision one of section
 10 160.10 of the penal law, provided, however, that burglary in the second
 11 degree as defined in subdivision two of section 140.25 of the penal law
 12 shall be a qualifying offense only where the defendant is charged with
 13 entering the living area of the dwelling];
 14 (m) assault in the third degree as defined in section 120.00 of the
 15 penal law [or arson in the third degree as defined in section 150.10 of
 16 the penal law], when such crime is charged as a hate crime as defined in
 17 section 485.05 of the penal law;
 18 (t) any felony or class A misdemeanor involving harm to an identifi-
 19 able person or property, or any charge of criminal possession of a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09472-01-5

 A. 7064 2

 1 firearm as defined in section 265.01-b of the penal law[, where such
 2 charge arose from conduct occurring while the defendant was released on
 3 his or her own recognizance, released under conditions, or had yet to be
 4 arraigned after the issuance of a desk appearance ticket for a separate
 5 felony or class A misdemeanor involving harm to an identifiable person
 6 or property, or any charge of criminal possession of a firearm as
 7 defined in section 265.01-b of the penal law, provided, however, that
 8 the prosecutor must show reasonable cause to believe that the defendant
 9 committed the instant crime and any underlying crime. For the purposes
 10 of this subparagraph, any of the underlying crimes need not be a quali-
 11 fying offense as defined in this subdivision]. For the purposes of this
 12 paragraph, "harm to an identifiable person or property" shall include
 13 but not be limited to theft of or damage to property. However, based
 14 upon a review of the facts alleged in the accusatory instrument, if the
 15 court determines that such theft is negligible