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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7078
SPONSOR: Zebrowski TITLE OF BILL:
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 legislature
PURPOSE OR GENERAL IDEA OF BILL:
The felonies and misdemeanors set forth in this bill are currently not
bailable, but involve situations where a person harms another, often
physically, and/or engages in conduct that results in an unacceptable
level of danger. Under this bill, a judge will be allowed to evaluate
the circumstances surrounding that specific crime and to set bail if
appropriate.
In addition, the bill will mandate that the Office of Court Adminis-
tration establish a tracking system for all bail decisions of judges in
New York State. It will further require an annual report to be issued to
the legislature to guard against disparate bail decisions based upon
inappropriate factors such as race, ethnicity, gender or religion.
SUMMARY OF PROVISIONS:
Section one of the bill amends section 510.10 of the criminal procedure
law to add additional offenses that may become bailable upon judicial
discretion.
Section two of the bill amends section 530.20 of the criminal procedure
law to add additional offenses that may become bailable upon judicial
discretion.
Section three of the bill amends section 530.40 of the criminal proce-
dure law to add additional offenses that may become bailable upon judi-
cial discretion.
Section four of the bill requires the Office of Court Administration to
establish and implement an electronic tracking system maintaining a
record of all bail decisions of judges in New York.
Section five of the bill relates to the effective date. JUSTIFICATION:
This bill protects public safety by ensuring that a judge has the
discretion to set bail for additional crimes that involve harm to anoth-
er individual and/or a threat to public safety. It also sets up a proc-
ess to track bail decisions to protect against bias in bail decisions.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law; provided that section four of this act shall take effect one
year after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7078
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. ZEBROWSKI, WOERNER, FAHY, WALLACE -- 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.
LBD10672-02-3
A. 7078 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 and does not appear to be
16 in furtherance of other criminal activity, the principal shall be
17 released on his or her own recognizance or under appropriate non-mone-
18 tary conditions; [or]
19 (u) criminal possession of a weapon in the third degree as defined in
20 subdivision three of section 265.02 of the penal law or criminal sale of
21 a firearm to a minor as defined in section 265.16 of the penal law[.];
22 (v) assault in the third degree as defined in section 120.00 of the
23 penal law; reckless assault of a child by a child day care provider as
24 defined in section 120.01 of the penal law; vehicular assault in the
25 second degree as defined in section 120.03 of the penal law; menacing in
26 the first degree as defined in section 120.13 of the penal law; menacing
27 in the second degree as defined in section 120.14 of the penal law;
28 menacing in the third degree as defined in section 120.15 of the penal
29 law; reckless endangerment in the second degree as defined in section
30 120.20 of the penal law; reckless endangerment in the first degree as
31 defined in section 120.25 of the penal law; stalking in the third degree
32 as defined in section 120.50 of the penal law; or stalking in the second
33 degree as defined in section 120.55 of the penal law;
34 (w) unlawful imprisonment in the second degree as defined in section
35 135.05 of the penal law;
36 (x) burglary in the third degree as defined in section 140.20 of the
37 penal law;
38 (y) arson in the fifth degree as defined in section 150.01; arson in
39 the fourth degree as defined in section 150.05 of the penal law; or
40 arson in the third degree as defined in section 150.10 of the penal
41 law;
42 (z) public lewdness in the first degree as defined in section 245.03
43 of the penal law;
44 (aa) criminal possession of a rapid-fire modification device as
45 defined in section 265.01-c of the penal law; criminal possession of a
46 weapon in a restricted location as defined in section 265.01-d of the
47 penal law; criminal possession of a firearm, rifle or shotgun in a
48 sensitive location as defined in section 265.01-e of the penal law; a
49 violation of manufacture, transport, disposition and defacement of weap-
50 ons and dangerous instruments and appliances as defined in subdivision
51 five of section 265.10 of the penal law; prohibited use of weapons as
52 defined in subdivision three of section 265.35 of the penal law; or
53 unlawful possession of certain ammunition feeding devices as defined in
54 section 265.37 of the penal law; or
55 (bb) unlawful fleeing a police officer in a motor vehicle in the third
56 degree as defined in section 270.25 of the penal law.
A. 7078 3
1 § 2. Subparagraphs (i), (xiii), (xx) and (xxi) of paragraph (b) of
2 subdivision 1 of section 530.20 of the criminal procedure law, subpara-
3 graphs (i) and (xiii) as amended by section 3 of part UU of chapter 56
4 of the laws of 2020, and subparagraph (xx) as amended and subparagraph
5 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the
6 laws of 2022, are amended and seven new subparagraphs (xxii), (xxiii),
7 (xxiv), (xxv), (xxvi), (xxvii) and (xxviii) are added to read as
8 follows:
9 (i) a felony enumerated in section 70.02 of the penal law[, other than
10 robbery in the second degree as defined in subdivision one of section
11 160.10 of the penal law, provided, however, that burglary in the second
12 degree as defined in subdivision two of section 140.25 of the penal law
13 shall be a qualifying offense only where the defendant is charged with
14 entering the living area of the dwelling];
15 (xiii) 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 (xx) any felony or class A misdemeanor involving harm to an identifi-
20 able person or property, or any charge of criminal possession of a
21 firearm as defined in section 265.01-b of the penal law [where such
22 charge arose from conduct occurring while the defendant was released on
23 his or her own recognizance, released under conditions, or had yet to be
24 arraigned after the issuance of a desk appearance ticket for a separate
25 felony or class A misdemeanor involving harm to an identifiable person
26 or property, provided, however, that the prosecutor must show reasonable
27 cause to believe that the defendant committed the instant crime and any
28 underlying crime. For the purposes of this subparagraph, any of the
29 underlying crimes need not be a qualifying offense as defined in this
30 subdivision]. For the purposes of this paragraph, "harm to an identifi-
31 able person or property" shall include but not be limited to theft of or
32 damage to property. However, based upon a review of the facts alleged in
33 the accusatory instrument, if the court determines that such theft is
34 negligible and does not appear to be in furtherance of other criminal
35 activity, the principal shall be released on his or her own recognizance
36 or under appropriate non-monetary conditions; [or]
37 (xxi) criminal possession of a weapon in the third degree as defined
38 in subdivision three of section 265.02 of the penal law or criminal sale
39 of a firearm to a minor as defined in section 265.16 of the penal
40 law[.];
41 (xxii) assault in the third degree as defined in section 120.00 of the
42 penal law; reckless assault of a child by a child day care provider as
43 defined in section 120.01 of the penal law; vehicular assault in the
44 second degree as defined in section 120.03 of the penal law; menacing in
45 the first degree as defined in section 120.13 of the penal law; menacing
46 in the second degree as defined in section 120.14 of the penal law;
47 menacing in the third degree as defined in section 120.15 of the penal
48 law; reckless endangerment in the second degree as defined in section
49 120.20 of the penal law; reckless endangerment in the first degree as
50 defined in section 120.25 of the penal law; stalking in the third degree
51 as defined in section 120.50 of the penal law; or stalking in the second
52 degree as defined in section 120.55 of the penal law;
53 (xxiii) unlawful imprisonment in the second degree as defined in
54 section 135.05 of the penal law;
55 (xxiv) burglary in the third degree as defined in section 140.20 of
56 the penal law;
A. 7078 4
1 (xxv) arson in the fifth degree as defined in section 150.01; arson in
2 the fourth degree as defined in section 150.05 of the penal law; or
3 arson in the third degree as defined in section 150.10 of the penal
4 law;
5 (xxvi) public lewdness in the first degree as defined in section
6 245.03 of the penal law;
7 (xxvii) criminal possession of a rapid-fire modification device as
8 defined in section 265.01-c of the penal law; criminal possession of a
9 weapon in a restricted location as defined in section 265.01-d of the
10 penal law; criminal possession of a firearm, rifle or shotgun in a
11 sensitive location as defined in section 265.01-e of the penal law; a
12 violation of manufacture, transport, disposition and defacement of weap-
13 ons and dangerous instruments and appliances as defined in subdivision
14 five of section 265.10 of the penal law; prohibited use of weapons as
15 defined in subdivision three of section 265.35 of the penal law; or
16 unlawful possession of certain ammunition feeding devices as defined in
17 section 265.37 of the penal law; or
18 (xxviii) unlawful fleeing a police officer in a motor vehicle in the
19 third degree as defined in section 270.25 of the penal law.
20 § 3. Paragraphs (a), (m), (t) and (u) of subdivision 4 of section
21 530.40 of the criminal procedure law, paragraph (a) as amended and para-
22 graph (m) as added by section 4 of part UU of chapter 56 of the laws of
23 2020, and paragraph (t) as amended and paragraph (u) as added by section
24 4 of subpart B of part UU of chapter 56 of the laws of 2022 are amended
25 and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb) are
26 added to read as follows:
27 (a) a felony enumerated in section 70.02 of the penal law[, other than
28 robbery in the second degree as defined in subdivision one of section
29 160.10 of the penal law, provided, however, that burglary in the second
30 degree as defined in subdivision two of section 140.25 of the penal law
31 shall be a qualifying offense only where the defendant is charged with
32 entering the living area of the dwelling];
33 (m) assault in the third degree as defined in section 120.00 of the
34 penal law [or arson in the third degree as defined in section 150.10 of
35 the penal law], when such crime is charged as a hate crime as defined in
36 section 485.05 of the penal law;
37 (t) any felony or class A misdemeanor involving harm to an identifi-
38 able person or property, or any charge of criminal possession of a
39 firearm as defined in section 265.01-b of the penal law[, where such
40 charge arose from conduct occurring while the defendant was released on
41 his or her own recognizance, released under conditions, or had yet to be
42 arraigned after the issuance of a desk appearance ticket for a separate
43 felony or class A misdemeanor involving harm to an identifiable person
44 or property, or any charge of criminal possession of a firearm as
45 defined in section 265.01-b of the penal law, provided, however, that
46 the prosecutor must show reasonable cause to believe that the defendant
47 committed the instant crime and any underlying crime. For the purposes
48 of this subparagraph, any of the underlying crimes need not be a quali-
49 fying offense as defined in this subdivision]. For the purposes of this
50 paragraph, "harm to an identifiable person or property" shall include
51 but not be limited to theft of or damage to property. However, based
52 upon a review of the facts alleged in the accusatory instrument, if the
53 court determines that such theft is negligible and does not appear to be
54 in furtherance of other criminal activity, the principal shall be
55 released on his or her own recognizance or under appropriate non-mone-
56 tary conditions; [or]
A. 7078 5
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 (v) assault in the third degree as defined in section 120.00 of the
5 penal law; reckless assault of a child by a child day care provider as
6 defined in section 120.01 of the penal law; vehicular assault in the
7 second degree as defined in section 120.03 of the penal law; menacing in
8 the first degree as defined in section 120.13 of the penal law; menacing
9 in the second degree as defined in section 120.14 of the penal law;
10 menacing in the third degree as defined in section 120.15 of the penal
11 law; reckless endangerment in the second degree as defined in section
12 120.20 of the penal law; reckless endangerment in the first degree as
13 defined in section 120.25 of the penal law; stalking in the third degree
14 as defined in section 120.50 of the penal law; or stalking in the second
15 degree as defined in section 120.55 of the penal law;
16 (w) unlawful imprisonment in the second degree as defined in section
17 135.05 of the penal law;
18 (x) burglary in the third degree as defined in section 140.20 of the
19 penal law;
20 (y) arson in the fifth degree as defined in section 150.01; arson in
21 the fourth degree as defined in section 150.05 of the penal law; or
22 arson in the third degree as defined in section 150.10 of the penal
23 law;
24 (z) public lewdness in the first degree as defined in section 245.03
25 of the penal law;
26 (aa) criminal possession of a rapid-fire modification device as
27 defined in section 265.01-c of the penal law; criminal possession of a
28 weapon in a restricted location as defined in section 265.01-d of the
29 penal law; criminal possession of a firearm, rifle or shotgun in a
30 sensitive location as defined in section 265.01-e of the penal law; a
31 violation of manufacture, transport, disposition and defacement of weap-
32 ons and dangerous instruments and appliances as defined in subdivision
33 five of section 265.10 of the penal law; prohibited use of weapons as
34 defined in subdivision three of section 265.35 of the penal law; or
35 unlawful possession of certain ammunition feeding devices as defined in
36 section 265.37 of the penal law; or
37 (bb) unlawful fleeing a police officer in a motor vehicle in the third
38 degree as defined in section 270.25 of the penal law.
39 § 4. The Office of Court Administration, in conjunction with the New
40 York State Division of Criminal Justice Services, shall manage an elec-
41 tronic tracking system maintaining a record of all bail decisions of
42 judges in this state, specifying by court, the number of cases in which
43 bail was granted, in which bail was denied and in which no bail was
44 required. If bail was granted, the average amount of bail required shall
45 be specified. On or before July 31st of each year, the Office of Court
46 Administration shall prepare a report detailing the record of cases and
47 deliver such report to the Speaker of the Assembly and the Temporary
48 President of the Senate.
49 § 5. This act shall take effect on the sixtieth day after it shall
50 have become a law; provided that section four of this act shall take
51 effect one year after it shall have become a law. Effective immediate-
52 ly, the addition, amendment and/or repeal of any rule or regulation
53 necessary for the implementation of this act on its effective date are
54 authorized to be made and completed on or before such effective date.
