Amd §§500.10, 510.10, 510.20, 510.30, 510.45, 530.20 & 530.40, rpld §510.45 sub 3 ¶(b), §530.20 sub 1 ¶(b),
CP L
Restores judicial discretion relating to bail reform; provides that when the defendant is charged with a felony, the court shall request of the applicable county pre-trial services agency a risk and needs assessment be conducted on the eligible defendant for the purpose of determining whether such defendant should be released on the defendant's own recognizance, released under non-monetary conditions or, where authorized, bail or commit the defendant to the custody of the sheriff; defines risks and needs assessment; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6358
SPONSOR: Tannousis TITLE OF BILL:
An act to amend the criminal procedure law, in relation to bail reform;
and to repeal certain provisions of such law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
This bill provides courts with the authority and tools necessary to
render securing orders, when an individual charged with a crime(s)
continues to pose a danger to the community and/or a risk of flight to
avoid prosecution. This bill requires that a risk and needs assessment
be utilized to assist the court in making such determinations.
SUMMARY OF PROVISIONS:
Sections one through eleven amend pertinent sections of the criminal
procedure law to effectuate the intent of this legislation.
Section 12 establishes the effective date.
JUSTIFICATION:
The criminal justice changes codified in statute as part of the State
Fiscal Year 2019-20 enacted budget, which eliminated cash bail and
pretrial detention for most criminal offenses beginning on January 1,
2020, has proven to be a. detriment to communities across New York
State.
To date, thousands of individuals charged with serious crimes have been
released; a significant number have reoffended and victimized members of
communities throughout the State. This rise of danger to our communities
neglects government's' fundamental responsibility to protect its citi-
zens.
Moreover, these changes have hindered the ability of the judiciary to
render individualized securing order decisions except in very limited
circumstances.
This legislation ameliorates the existing statute by restoring the
discretion of the courts and requiring that a risk and needs assessment
be utilized as part of the decision making process.
PRIOR LEGISLATIVE HISTORY:
2024: A5169 Referred to Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6358
2025-2026 Regular Sessions
IN ASSEMBLY
March 4, 2025
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to bail reform;
and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 500.10 of the criminal procedure law is amended by
2 adding a new subdivision 23 to read as follows:
3 23. "Risk and needs assessment" means a risk and needs assessment
4 instrument, approved by the chief administrative judge of the unified
5 court system. Such approved assessment instrument shall be objective,
6 standardized and developed based on analysis of empirical data and risk
7 factors relevant to the principal's danger to the community and risk of
8 failure of a principal to appear. Such approved assessment instrument
9 shall not be discriminatory based on race, national origin, sex, any
10 other protected class or socioeconomic status.
11 § 2. Section 510.10 of the criminal procedure law, as amended by
12 section 2 of part JJJ of chapter 59 of the laws of 2019, the opening
13 paragraph as added by, the opening paragraph of subdivision 1, subdivi-
14 sion 3, and the opening paragraph of subdivision 4, as amended by
15 section 2 of subpart A of part VV of chapter 56 of the laws of 2023,
16 subdivision 1 as amended by section 1 of subpart C of part UU of chapter
17 56 of the laws of 2022, subdivision 4 as amended by section 2 of part UU
18 of chapter 56 of the laws of 2020, paragraphs (s) and (t) of subdivision
19 4 as amended and paragraph (u) of subdivision 4 as added by section 2 of
20 subpart B of part UU of chapter 56 of the laws of 2022, is amended to
21 read as follows:
22 § 510.10 Securing order; when required; alternatives available; standard
23 to be applied.
24 The imposition of a specific type of securing order is in some cases
25 required by law and in other cases within the discretion of the court in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02583-01-5
A. 6358 2
1 accordance with the principles of, and pursuant to its authority granted
2 under, this title.
3 1. When a principal, whose future court attendance at a criminal
4 action or proceeding is or may be required, comes under the control of a
5 court, such court shall impose a securing order [in accordance with this
6 title] request of the applicable county pre-trial services agency that a
7 risk and needs assessment be conducted on the eligible principal and
8 such court shall take into account the risk and needs assessment, but
9 such assessment shall not be the sole determinative factor, for the
10 purpose of determining whether such principal should be released.
11 Except as otherwise required by law, the court shall [make an individ-
12 ualized determination as to] determine whether the principal is a danger
13 to the community or poses a risk of flight to avoid prosecution, consid-
14 er the kind and degree of control or restriction necessary to reasonably
15 assure the principal's return to court, and select a securing order
16 consistent with its determination under this subdivision. The court
17 shall explain the basis for its determination and its choice of securing
18 order on the record or in writing. In making a determination under this
19 subdivision, the court must consider and take into account available
20 information about the principal, including:
21 (a) The principal's activities and history;
22 (b) If the principal is a defendant, the charges facing the principal;
23 (c) The principal's criminal conviction record if any;
24 (d) The principal's record of previous adjudication as a juvenile
25 delinquent, as retained pursuant to section 354.1 of the family court
26 act, or, of pending cases where fingerprints are retained pursuant to
27 section 306.1 of such act, or a youthful offender, if any;
28 (e) The principal's previous record with respect to flight to avoid
29 criminal prosecution;
30 (f) If monetary bail is authorized, according to the restrictions set
31 forth in this title, the principal's individual financial circumstances,
32 and, in cases where bail is authorized, the principal's ability to post
33 bail without posing undue hardship, as well as [his or her] such princi-
34 pal's ability to obtain a secured, unsecured, or partially secured bond;
35 (g) Any violation by the principal of an order of protection issued by
36 any court;
37 (h) The principal's history of use or possession of a firearm;
38 (i) Whether the charge is alleged to have caused serious harm to an
39 individual or group of individuals; and
40 (j) If the principal is a defendant, in the case of an application for
41 a securing order pending appeal, the merit or lack of merit of the
42 appeal.
43 2. A principal is entitled to representation by counsel under this
44 chapter in preparing an application for release, when a securing order
45 is being considered and when a securing order is being reviewed for
46 modification, revocation or termination. If the principal is financially
47 unable to obtain counsel, counsel shall be assigned to the principal.
48 3. [In cases other than as described in subdivision four of this
49 section, the court shall release the principal pending trial on the
50 principal's own recognizance, unless the court finds on the record or in
51 writing that release on the principal's own recognizance will not
52 reasonably assure the principal's return to court. In such instances,
53 the court shall release the principal under non-monetary conditions as
54 provided for in subdivision three-a of section 500.10 of this title that
55 will reasonably assure the principal's return to court. The court shall
56 explain its choice of securing order on the record or in writing.
A. 6358 3
1 4. Where the principal stands charged with a qualifying offense, the
2 court, unless otherwise prohibited by law, may in its discretion release
3 the principal pending trial on the principal's own recognizance or under
4 non-monetary conditions, fix bail, or order non-monetary conditions in
5 conjunction with fixing bail, or, where the defendant is charged with a
6 qualifying offense which is a felony, the court may commit the principal
7 to the custody of the sheriff. A principal stands charged with a quali-
8 fying offense for the purposes of this subdivision when he or she stands
9 charged with:
10 (a) a felony enumerated in section 70.02 of the penal law, other than
11 robbery in the second degree as defined in subdivision one of section
12 160.10 of the penal law, provided, however, that burglary in the second
13 degree as defined in subdivision two of section 140.25 of the penal law
14 shall be a qualifying offense only where the defendant is charged with
15 entering the living area of the dwelling;
16 (b) a crime involving witness intimidation under section 215.15 of the
17 penal law;
18 (c) a crime involving witness tampering under section 215.11, 215.12
19 or 215.13 of the penal law;
20 (d) a class A felony defined in the penal law, provided that for class
21 A felonies under article two hundred twenty of the penal law, only class
22 A-I felonies shall be a qualifying offense;
23 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
24 the penal law, or a felony sex offense defined in section 70.80 of the
25 penal law, or a crime involving incest as defined in section 255.25,
26 255.26 or 255.27 of such law, or a misdemeanor defined in article one
27 hundred thirty of such law;
28 (f) conspiracy in the second degree as defined in section 105.15 of
29 the penal law, where the underlying allegation of such charge is that
30 the defendant conspired to commit a class A felony defined in article
31 one hundred twenty-five of the penal law;
32 (g) money laundering in support of terrorism in the first degree as
33 defined in section 470.24 of the penal law; money laundering in support
34 of terrorism in the second degree as defined in section 470.23 of the
35 penal law; money laundering in support of terrorism in the third degree
36 as defined in section 470.22 of the penal law; money laundering in
37 support of terrorism in the fourth degree as defined in section 470.21
38 of the penal law; or a felony crime of terrorism as defined in article
39 four hundred ninety of the penal law, other than the crime defined in
40 section 490.20 of such law;
41 (h) criminal contempt in the second degree as defined in subdivision
42 three of section 215.50 of the penal law, criminal contempt in the first
43 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
44 the penal law or aggravated criminal contempt as defined in section
45 215.52 of the penal law, and the underlying allegation of such charge of
46 criminal contempt in the second degree, criminal contempt in the first
47 degree or aggravated criminal contempt is that the defendant violated a
48 duly served order of protection where the protected party is a member of
49 the defendant's same family or household as defined in subdivision one
50 of section 530.11 of this title;
51 (i) facilitating a sexual performance by a child with a controlled
52 substance or alcohol as defined in section 263.30 of the penal law, use
53 of a child in a sexual performance as defined in section 263.05 of the
54 penal law or luring a child as defined in subdivision one of section
55 120.70 of the penal law, promoting an obscene sexual performance by a
A. 6358 4
1 child as defined in section 263.10 of the penal law or promoting a sexu-
2 al performance by a child as defined in section 263.15 of the penal law;
3 (j) any crime that is alleged to have caused the death of another
4 person;
5 (k) criminal obstruction of breathing or blood circulation as defined
6 in section 121.11 of the penal law, strangulation in the second degree
7 as defined in section 121.12 of the penal law or unlawful imprisonment
8 in the first degree as defined in section 135.10 of the penal law, and
9 is alleged to have committed the offense against a member of the defend-
10 ant's same family or household as defined in subdivision one of section
11 530.11 of this title;
12 (l) aggravated vehicular assault as defined in section 120.04-a of the
13 penal law or vehicular assault in the first degree as defined in section
14 120.04 of the penal law;
15 (m) assault in the third degree as defined in section 120.00 of the
16 penal law or arson in the third degree as defined in section 150.10 of
17 the penal law, when such crime is charged as a hate crime as defined in
18 section 485.05 of the penal law;
19 (n) aggravated assault upon a person less than eleven years old as
20 defined in section 120.12 of the penal law or criminal possession of a
21 weapon on school grounds as defined in section 265.01-a of the penal
22 law;
23 (o) grand larceny in the first degree as defined in section 155.42 of
24 the penal law, enterprise corruption as defined in section 460.20 of the
25 penal law, or money laundering in the first degree as defined in section
26 470.20 of the penal law;
27 (p) failure to register as a sex offender pursuant to section one
28 hundred sixty-eight-t of the correction law or endangering the welfare
29 of a child as defined in subdivision one of section 260.10 of the penal
30 law, where the defendant is required to maintain registration under
31 article six-C of the correction law and designated a level three offen-
32 der pursuant to subdivision six of section one hundred sixty-eight-l of
33 the correction law;
34 (q) a crime involving bail jumping under section 215.55, 215.56 or
35 215.57 of the penal law, or a crime involving escaping from custody
36 under section 205.05, 205.10 or 205.15 of the penal law;
37 (r) any felony offense committed by the principal while serving a
38 sentence of probation or while released to post release supervision;
39 (s) a felony, where the defendant qualifies for sentencing on such
40 charge as a persistent felony offender pursuant to section 70.10 of the
41 penal law;
42 (t) any felony or class A misdemeanor involving harm to an identifi-
43 able person or property, or any charge of criminal possession of a
44 firearm as defined in section 265.01-b of the penal law, where such
45 charge arose from conduct occurring while the defendant was released on
46 his or her own recognizance, released under conditions, or had yet to be
47 arraigned after the issuance of a desk appearance ticket for a separate
48 felony or class A misdemeanor involving harm to an identifiable person
49 or property, or any charge of criminal possession of a firearm as
50 defined in section 265.01-b of the penal law, provided, however, that
51 the prosecutor must show reasonable cause to believe that the defendant
52 committed the instant crime and any underlying crime. For the purposes
53 of this subparagraph, any of the underlying crimes need not be a quali-
54 fying offense as defined in this subdivision. For the purposes of this
55 paragraph, "harm to an identifiable person or property" shall include
56 but not be limited to theft of or damage to property. However, based
A. 6358 5
1 upon a review of the facts alleged in the accusatory instrument, if the
2 court determines that such theft is negligible and does not appear to be
3 in furtherance of other criminal activity, the principal shall be
4 released on his or her own recognizance or under appropriate non-mone-
5 tary conditions; or
6 (u) criminal possession of a weapon in the third degree as defined in
7 subdivision three of section 265.02 of the penal law or criminal sale of
8 a firearm to a minor as defined in section 265.16 of the penal law.
9 5. Notwithstanding the provisions of subdivisions three and four of
10 this section, with] With respect to any charge for which bail or remand
11 is not ordered, and for which the court would not [or could not] other-
12 wise require bail or remand, a defendant may, at any time, request that
13 the court set bail in a nominal amount requested by the defendant in the
14 form specified in paragraph (a) of subdivision one of section 520.10 of
15 this title; if the court is satisfied that the request is voluntary, the
16 court shall set such bail in such amount.
17 [6.] 4. When a securing order is revoked or otherwise terminated in
18 the course of an uncompleted action or proceeding but the principal's
19 future court attendance still is or may be required and the principal is
20 still under the control of a court, a new securing order must be issued.
21 When the court revokes or otherwise terminates a securing order which
22 committed the principal to the custody of the sheriff, the court shall
23 give written notification to the sheriff of such revocation or termi-
24 nation of the securing order.
25 § 3. Subdivision 1 of section 510.20 of the criminal procedure law, as
26 amended by section 3 of subpart A of part VV of chapter 56 of the laws
27 of 2023, is amended to read as follows:
28 1. Upon any occasion when a court has issued a securing order with
29 respect to a principal and the principal is confined in the custody of
30 the sheriff as a result of the securing order or a previously issued
31 securing order, the principal may make an application for recognizance,
32 release under non-monetary conditions, bail, a reduction of bail, or
33 imposition of non-monetary conditions in conjunction with bail or a
34 reduction of bail. Any such decision by the court for a change in a
35 securing order with respect to a principal shall take into account the
36 risk and needs assessment conducted by the applicable county pre-trial
37 services agency, but such assessment shall not be the sole determinative
38 factor.
39 § 4. Subdivision 1 of section 510.30 of the criminal procedure law, as
40 amended by section 4 of subpart A of part VV of chapter 56 of the laws
41 of 2023, is amended to read as follows:
42 1. With respect to any principal, the court in all cases, unless
43 otherwise provided by law, must impose a securing order in accordance
44 with section 510.10 of this article, and shall, in addition to taking
45 into account the risk and needs assessment conducted by the applicable
46 county pre-trial services agency, explain the basis for its determi-
47 nation and choice of securing order on the record or in writing.
48 § 5. Paragraph (a) of subdivision 3 of section 510.45 of the criminal
49 procedure law, as added by section 8 of part JJJ of chapter 59 of the
50 laws of 2019, is amended to read as follows:
51 [(a) Any questionnaire, instrument or tool] The risk and needs assess-
52 ment instrument used with a principal in the process of considering or
53 determining the principal's possible release on recognizance, release
54 under non-monetary conditions or on bail, or used with a principal in
55 the process of considering or determining a condition or conditions of
56 release or monitoring by a pretrial services agency, shall be promptly
A. 6358 6
1 made available to the principal and the principal's counsel upon [writ-
2 ten] request. [Any such blank form questionnaire, instrument or tool]
3 Any such blank risk and needs assessment instrument regularly used in
4 the county for such purpose or a related purpose shall be made available
5 to any person promptly upon written request.
6 § 6. Paragraph (b) of subdivision 3 of section 510.45 of the criminal
7 procedure law is REPEALED.
8 § 7. Paragraph (a) of subdivision 1 of section 530.20 of the criminal
9 procedure law, as amended by section 6 of subpart A of part VV of chap-
10 ter 56 of the laws of 2023, is amended to read as follows:
11 (a) [In cases other than as described in paragraph (b) of this subdi-
12 vision,] When the principal is charged with an offense or offenses of
13 less than felony grade only the court shall [release the] request of the
14 applicable county pre-trial services agency a risk and needs assessment
15 be conducted on the eligible principal and the court shall take into
16 account the risk and needs assessment, but such assessment shall not be
17 the sole determinative factor, for the purpose of determining whether
18 such principal should be released pending trial on the principal's own
19 recognizance or release the principal pending trial under non-monetary
20 conditions, or where authorized, fix bail or commit the principal to the
21 custody of the sheriff, the determination for which shall be made in
22 accordance with subdivision one of section 510.10 of this title. The
23 court shall explain the basis for its determination and choice of secur-
24 ing order, release, release with conditions, bail or remand on the
25 record or in writing.
26 § 8. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
27 procedure law is REPEALED.
28 § 9. Paragraph (d) of subdivision 1 of section 530.20 of the criminal
29 procedure law, as added by section 16 of part JJJ of chapter 59 of the
30 laws of 2019, is relettered paragraph (b) and amended to read as
31 follows:
32 (b) [Notwithstanding the provisions of paragraphs (a) and (b) of this
33 subdivision, with] With respect to any charge for which bail or remand
34 is not ordered, and for which the court would not [or could not] other-
35 wise require bail or remand, a defendant may, at any time, request that
36 the court set bail in a nominal amount requested by the defendant in the
37 form specified in paragraph (a) of subdivision one of section 520.10 of
38 this title; if the court is satisfied that the request is voluntary, the
39 court shall set such bail in such amount.
40 § 10. The opening paragraph of subdivision 2 of section 530.20 of the
41 criminal procedure law, as amended by section 6 of subpart A part VV of
42 chapter 56 of the laws of 2023, is amended to read as follows:
43 When the defendant is charged, by felony complaint, with a felony, the
44 court [may, in its discretion, and] in accordance with section 510.10 of
45 this title, [order] shall, request of the applicable county pre-trial
46 services agency a risk and needs assessment be conducted on the eligible
47 defendant and the court shall take into account the risk and needs
48 assessment, but such assessment shall not be the sole determinative
49 factor, for the purpose of determining whether such defendant should be
50 released on the defendant's own recognizance, [release] released under
51 non-monetary conditions, or, where authorized, fix bail, or order non-
52 monetary conditions in conjunction with fixing bail, or commit the
53 defendant to the custody of the sheriff except as otherwise provided in
54 [subdivision one of this section or] this subdivision:
55 § 11. Section 530.40 of the criminal procedure law, as amended by
56 section 18 of part JJJ of chapter 59 of the laws of 2019, subdivision 3
A. 6358 7
1 and the opening paragraph of subdivision 4 as amended by section 8 of
2 subpart A of part VV of chapter 56 of the laws of 2023, and subdivision
3 4 as amended by section 4 of part UU of chapter 56 of the laws of 2020,
4 paragraphs (s) and (t) of subdivision 4 as amended and paragraph (u) of
5 subdivision 4 as added by section 4 of subpart B of part UU of chapter
6 56 of the laws of 2022, is amended to read as follows:
7 § 530.40 Order of recognizance, release under non-monetary conditions or
8 bail; by superior court when action is pending therein.
9 When a criminal action is pending in a superior court, such court,
10 upon application of a defendant, must or may order recognizance or bail
11 as follows:
12 1. When the defendant is charged with an offense or offenses of less
13 than felony grade only, the court must, request of the applicable county
14 pre-trial services agency a risk and needs assessment be conducted on
15 the eligible defendant and the court shall take into account the risk
16 and needs assessment, but such assessment shall not be the sole determi-
17 native factor, for the purpose of determining whether such defendant,
18 unless otherwise provided by law, should be released on an order of
19 recognizance or bail or release under non-monetary conditions [in
20 accordance with this section] or commit the defendant to the custody of
21 the sheriff.
22 2. When the defendant is charged with a felony, the court [may, unless
23 otherwise provided by law in its discretion, order] shall request of
24 the applicable county pre-trial services agency a risk and needs assess-
25 ment be conducted on the eligible defendant and the court shall take
26 into account the risk and needs assessment, but such assessment shall
27 not be the sole determinative factor, for the purpose of determining
28 whether such defendant should be released on the defendant's own recog-
29 nizance, [release] released under non-monetary conditions or, where
30 authorized, bail or commit the defendant to the custody of the sheriff.
31 In any such case in which an indictment (a) has resulted from an order
32 of a local criminal court holding the defendant for the action of the
33 grand jury, or (b) was filed at a time when a felony complaint charging
34 the same conduct was pending in a local criminal court, and in which
35 such local criminal court or a superior court judge has issued an order
36 of recognizance, release under non-monetary conditions or, where author-
37 ized, bail which is still effective, the superior court's order may be
38 in the form of a direction continuing the effectiveness of the previous
39 order.
40 3. [In cases other than as described in subdivision four of this
41 section the court shall release the principal pending trial on the prin-
42 cipal's own recognizance or release the principal pending trial under
43 non-monetary conditions, the determination for which shall be made in
44 accordance with section 510.10 of this title. The court shall explain
45 the basis for its determination and choice of securing order on the
46 record or in writing.
47 4. Where the principal stands charged with a qualifying offense, the
48 court, unless otherwise prohibited by law, may in its discretion, and in
49 accordance with section 510.10 of this title, release the principal
50 pending trial on the principal's own recognizance or under non-monetary
51 conditions, fix bail, or order non-monetary conditions in conjunction
52 with fixing bail, or, where the defendant is charged with a qualifying
53 offense which is a felony, the court may commit the principal to the
54 custody of the sheriff. The court shall explain the basis for its deter-
55 mination and its choice of securing order on the record or in writing. A
A. 6358 8
1 principal stands charged with a qualifying offense for the purposes of
2 this subdivision when he or she stands charged with:
3 (a) a felony enumerated in section 70.02 of the penal law, other than
4 robbery in the second degree as defined in subdivision one of section
5 160.10 of the penal law, provided, however, that burglary in the second
6 degree as defined in subdivision two of section 140.25 of the penal law
7 shall be a qualifying offense only where the defendant is charged with
8 entering the living area of the dwelling;
9 (b) a crime involving witness intimidation under section 215.15 of the
10 penal law;
11 (c) a crime involving witness tampering under section 215.11, 215.12
12 or 215.13 of the penal law;
13 (d) a class A felony defined in the penal law, provided that for class
14 A felonies under article two hundred twenty of such law, only class A-I
15 felonies shall be a qualifying offense;
16 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
17 the penal law, or a felony sex offense defined in section 70.80 of the
18 penal law or a crime involving incest as defined in section 255.25,
19 255.26 or 255.27 of such law, or a misdemeanor defined in article one
20 hundred thirty of such law;
21 (f) conspiracy in the second degree as defined in section 105.15 of
22 the penal law, where the underlying allegation of such charge is that
23 the defendant conspired to commit a class A felony defined in article
24 one hundred twenty-five of the penal law;
25 (g) money laundering in support of terrorism in the first degree as
26 defined in section 470.24 of the penal law; money laundering in support
27 of terrorism in the second degree as defined in section 470.23 of the
28 penal law; money laundering in support of terrorism in the third degree
29 as defined in section 470.22 of the penal law; money laundering in
30 support of terrorism in the fourth degree as defined in section 470.21
31 of the penal law; or a felony crime of terrorism as defined in article
32 four hundred ninety of the penal law, other than the crime defined in
33 section 490.20 of such law;
34 (h) criminal contempt in the second degree as defined in subdivision
35 three of section 215.50 of the penal law, criminal contempt in the first
36 degree as defined in subdivision (b), (c) or (d) of section 215.51 of
37 the penal law or aggravated criminal contempt as defined in section
38 215.52 of the penal law, and the underlying allegation of such charge of
39 criminal contempt in the second degree, criminal contempt in the first
40 degree or aggravated criminal contempt is that the defendant violated a
41 duly served order of protection where the protected party is a member of
42 the defendant's same family or household as defined in subdivision one
43 of section 530.11 of this article;
44 (i) facilitating a sexual performance by a child with a controlled
45 substance or alcohol as defined in section 263.30 of the penal law, use
46 of a child in a sexual performance as defined in section 263.05 of the
47 penal law or luring a child as defined in subdivision one of section
48 120.70 of the penal law, promoting an obscene sexual performance by a
49 child as defined in section 263.10 of the penal law or promoting a sexu-
50 al performance by a child as defined in section 263.15 of the penal law;
51 (j) any crime that is alleged to have caused the death of another
52 person;
53 (k) criminal obstruction of breathing or blood circulation as defined
54 in section 121.11 of the penal law, strangulation in the second degree
55 as defined in section 121.12 of the penal law or unlawful imprisonment
56 in the first degree as defined in section 135.10 of the penal law, and
A. 6358 9
1 is alleged to have committed the offense against a member of the defend-
2 ant's same family or household as defined in subdivision one of section
3 530.11 of this article;
4 (l) aggravated vehicular assault as defined in section 120.04-a of the
5 penal law or vehicular assault in the first degree as defined in section
6 120.04 of the penal law;
7 (m) assault in the third degree as defined in section 120.00 of the
8 penal law or arson in the third degree as defined in section 150.10 of
9 the penal law, when such crime is charged as a hate crime as defined in
10 section 485.05 of the penal law;
11 (n) aggravated assault upon a person less than eleven years old as
12 defined in section 120.12 of the penal law or criminal possession of a
13 weapon on school grounds as defined in section 265.01-a of the penal
14 law;
15 (o) grand larceny in the first degree as defined in section 155.42 of
16 the penal law, enterprise corruption as defined in section 460.20 of the
17 penal law, or money laundering in the first degree as defined in section
18 470.20 of the penal law;
19 (p) failure to register as a sex offender pursuant to section one
20 hundred sixty-eight-t of the correction law or endangering the welfare
21 of a child as defined in subdivision one of section 260.10 of the penal
22 law, where the defendant is required to maintain registration under
23 article six-C of the correction law and designated a level three offen-
24 der pursuant to subdivision six of section one hundred sixty-eight-l of
25 the correction law;
26 (q) a crime involving bail jumping under section 215.55, 215.56 or
27 215.57 of the penal law, or a crime involving escaping from custody
28 under section 205.05, 205.10 or 205.15 of the penal law;
29 (r) any felony offense committed by the principal while serving a
30 sentence of probation or while released to post release supervision;
31 (s) a felony, where the defendant qualifies for sentencing on such
32 charge as a persistent felony offender pursuant to section 70.10 of the
33 penal law;
34 (t) any felony or class A misdemeanor involving harm to an identifi-
35 able person or property, or any charge of criminal possession of a
36 firearm as defined in section 265.01-b of the penal law, where such
37 charge arose from conduct occurring while the defendant was released on
38 his or her own recognizance, released under conditions, or had yet to be
39 arraigned after the issuance of a desk appearance ticket for a separate
40 felony or class A misdemeanor involving harm to an identifiable person
41 or property, or any charge of criminal possession of a firearm as
42 defined in section 265.01-b of the penal law, provided, however, that
43 the prosecutor must show reasonable cause to believe that the defendant
44 committed the instant crime and any underlying crime. For the purposes
45 of this subparagraph, any of the underlying crimes need not be a quali-
46 fying offense as defined in this subdivision. For the purposes of this
47 paragraph, "harm to an identifiable person or property" shall include
48 but not be limited to theft of or damage to property. However, based
49 upon a review of the facts alleged in the accusatory instrument, if the
50 court determines that such theft is negligible and does not appear to be
51 in furtherance of other criminal activity, the principal shall be
52 released on his or her own recognizance or under appropriate non-mone-
53 tary conditions; or
54 (u) criminal possession of a weapon in the third degree as defined in
55 subdivision three of section 265.02 of the penal law or criminal sale of
56 a firearm to a minor as defined in section 265.16 of the penal law.
A. 6358 10
1 5. Notwithstanding the provisions of subdivisions three and four of
2 this section, with] With respect to any charge for which bail or remand
3 is not ordered, and for which the court would not [or could not] other-
4 wise require bail or remand, a defendant may, at any time, request that
5 the court set bail in a nominal amount requested by the defendant in the
6 form specified in paragraph (a) of subdivision one of section 520.10 of
7 this title; if the court is satisfied that the request is voluntary, the
8 court shall set such bail in such amount.
9 [6.] 4. Notwithstanding the provisions of [subdivisions] subdivision
10 two[, three and four] of this section, a superior court may not order
11 recognizance, release under non-monetary conditions or, where author-
12 ized, bail, or permit a defendant to remain at liberty pursuant to an
13 existing order, after the defendant has been convicted of either: (a) a
14 class A felony or (b) any class B or class C felony as defined in arti-
15 cle one hundred thirty of the penal law committed or attempted to be
16 committed by a person eighteen years of age or older against a person
17 less than eighteen years of age. In either case the court must commit or
18 remand the defendant to the custody of the sheriff.
19 [7.] 5. Notwithstanding the provisions of [subdivisions] subdivision
20 two[, three and four] of this section, a superior court may not order
21 recognizance, release under non-monetary conditions or, where author-
22 ized, bail when the defendant is charged with a felony unless and until
23 the district attorney has had an opportunity to be heard in the matter
24 and such court and counsel for the defendant have been furnished with a
25 report as described in subparagraph (ii) of paragraph (b) of subdivision
26 two of section 530.20 of this article.
27 § 12. This act shall take effect immediately.
