STATE OF NEW YORK
________________________________________________________________________
578
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sen. HELMING -- 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 offenses for
which a court may fix bail or commit a principal to 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. Subdivision 1 of section 510.10 of the criminal procedure
2 law is amended by adding a new paragraph (e-1) to read as follows:
3 (e-1) The principal has been designated a sex offender under arti-
4 cle six-C of the correction law;
5 § 1-a. Subdivision 3 of section 510.10 of the criminal procedure law,
6 as amended by section 2 of subpart A of part VV of chapter 56 of the
7 laws of 2023, is amended to read as follows:
8 3. In cases other than as described in subdivision four of this
9 section, the court shall release the principal pending trial on the
10 principal's own recognizance, unless the court finds on the record or in
11 writing that: (a) release on the principal's own recognizance will not
12 reasonably assure the principal's return to court; or (b) that the prin-
13 cipal has been designated as a sex offender under article six-C of the
14 correction law. In such instances, the court shall release the principal
15 under non-monetary conditions as provided for in subdivision three-a of
16 section 500.10 of this title that will reasonably assure the principal's
17 return to court; provided, however, where the principal has been desig-
18 nated a sex offender under article six-C of the correction law, the
19 court may in its discretion fix bail or commit the principal to the
20 custody of the sheriff. The court shall explain its [choice of securing
21 order] determination and conditions on the record or in writing.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01262-01-5
S. 578 2
1 § 2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
2 procedure law is amended by adding a new subparagraph (v-1) to read as
3 follows:
4 (v-1) a sex offense under article six-C of the correction law and has
5 been designated a sex offender;
6 § 3. Subdivision 4 of section 530.40 of the criminal procedure law is
7 amended by adding a new paragraph (e-1) to read as follows:
8 (e-1) a sex offense under article six-C of the correction law and has
9 been designated a sex offender;
10 § 4. This act shall take effect on the thirtieth day after it shall
11 have become a law.
