New York S 1748: Relates to authorizing bail and pre-trial detention for arson felonies

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S01748 Summary:

BILL NOS01748 

&nbsp

SAME ASSAME AS A06074

&nbsp

SPONSOROBERACKER

&nbsp

COSPNSRMURRAY, SKOUFIS, WALCZYK

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

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Authorizes bail and pre-trial detention for all arson felonies.

Go to top S01748 Actions:

BILL NOS01748 

&nbsp

01/13/2025REFERRED TO CODES

03/14/2025NOTICE OF COMMITTEE CONSIDERATION - REQUESTED

05/05/2025DEFEATED IN CODES

08/13/2025RECOMMIT, ENACTING CLAUSE STRICKEN

Go to topS01748 Committee&nbspVotes:

Go to topS01748 Floor&nbspVotes:

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

Go to topS01748 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1748

 2025-2026 Regular Sessions

 IN SENATE

 January 13, 2025
 ___________

 Introduced by Sen. OBERACKER -- 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 securing
 orders for principals charged with arson felony offenses

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

 1 Section 1. This act shall be known and may be cited as "Billy's law".
 2 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 3 criminal procedure law, paragraph (t) as amended and paragraph (u) as
 4 added by section 2 of subpart B of part UU of chapter 56 of the laws of
 5 2022, are amended and a new paragraph (v) is added to read as 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, any of the underlying crimes need not be a quali-
 18 fying offense as defined in this subdivision. For the purposes of this
 19 paragraph, "harm to an identifiable person or property" shall include
 20 but not be limited to theft of or damage to property. However, based
 21 upon a review of the facts alleged in the accusatory instrument, if the
 22 court determines that such theft is negligible and does not appear to be
 23 in furtherance of other criminal activity, the principal shall be
 24 released on [his or her] their own recognizance or under appropriate
 25 non-monetary conditions; [or]

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00083-01-5

 S. 1748 2

 1 (u) criminal possession of a weapon in the third degree as defined in
 2 subdivision three of section 265.02 of the penal law or criminal sale of
 3 a firearm to a minor as defined in section 265.16 of the penal law[.];
 4 or
 5 (v) arson in the fourth degree as defined in section 150.05 of the
 6 penal law or arson in the third degree as defined in section 150.10 of
 7 the penal law.
 8 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 9 section 530.20 of the criminal procedure law, subparagraph (xx) as
 10 amended and subparagraph (xxi) as added by section 4 of subpart C of
 11 part UU of chapter 56 of the laws of 2022, are amended and a new
 12 subparagraph (xxii) is added to read as follows:
 13 (xx) any felony or class A misdemeanor involving harm to an identifi-
 14 able person or property, or any charge of criminal possession of a
 15 firearm as defined in section 265.01-b of the penal law where such
 16 charge arose from conduct occurring while the defendant was released on
 17 [his or her] their own recognizance, released under conditions, or had
 18 yet to be arraigned after the issuance of a desk appearance ticket for a
 19 sep