A 4056: Authorizes bail for class A misdemeanors and felonies committed during a riot.

  
  STATE OF NEW YORK ________________________________________________________________________ 4056 2025-2026 Regular Sessions  IN ASSEMBLY January 31, 2025 ___________ Introduced by M. of A. STERN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing bail for certain offenses committed during a riot The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (a) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (a) as amended by section 2 of 3 part UU of chapter 56 of the laws of 2020, paragraph (u) as added by 4 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are 5 amended and a new paragraph (v) is added to read as follows: 6 (a) a felony enumerated in section 70.02 of the penal law, other than 7 robbery in the second degree as defined in subdivision one of section 8 160.10 of the penal law, provided, however, that burglary in the second 9 degree as defined in subdivision two of section 140.25 of the penal law 10 shall be a qualifying offense only where the defendant is charged with 11 entering the living area of the dwelling or is charged with committing 12 such offense while engaging in a riot as defined in article two hundred 13 forty of the penal law; 14 (u) criminal possession of a weapon in the third degree as defined in 15 subdivision three of section 265.02 of the penal law or criminal sale of 16 a firearm to a minor as defined in section 265.16 of the penal law[.]; 17 or 18 (v) any felony or class A misdemeanor involving harm to an iden- 19 tifiable person or property, where such charge arose from conduct 20 occurring while the defendant was engaging in a riot as defined in arti- 21 cle two hundred forty of the penal law. 22 § 2. Subparagraphs (i) and (xxi) of paragraph (b) of subdivision 1 of 23 section 530.20 of the criminal procedure law, subparagraph (i) as 24 amended by section 3 of part UU of chapter 56 of the laws of 2020, 25 subparagraph (xxi) as added by section 4 of subpart C of part UU of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02525-01-5 
 A. 4056 2 1 chapter 56 of the laws of 2022, are amended and a new subparagraph 2 (xxii) is added to read as follows: 3 (i) 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, or is charged with committing 9 such offense while engaging in a riot as defined in article two hundred 10 forty of the penal law; 11 (xxi) criminal possession of a weapon in the third degree as defined 12 in subdivision three of section 265.02 of the penal law or criminal sale 13 of a firearm to a minor as defined in section 265.16 of the penal 14 law[.]; or 15 (xxii) any felony or class A misdemeanor involving harm to an 16 identifiable person or property, where such charge arose from conduct 17 occurring while the defendant was engaging in a riot as defined in arti- 18 cle two hundred forty of the penal law. 19 § 3. Paragraphs (a) and (u) of subdivision 4 of section 530.40 of the 20 criminal procedure law, paragraph (a) as amended by section 4 of part UU 21 of chapter 56 of the laws of 2020, paragraph (u) as added by section 4 22 of subpart B of part UU of chapter 56 of the laws of 2022, are amended 23 and a new paragraph (v) is added to read as follows: 24 (a) a felony enumerated in section 70.02 of the penal law, other than 25 robbery in the second degree as defined in subdivision one of section 26 160.10 of the penal law, provided, however, that burglary in the second 27 degree as defined in subdivision two of section 140.25 of the penal law 28 shall be a qualifying offense only where the defendant is charged with 29 entering the living area of the dwelling or is charged with committing 30 such offense while engaging in a riot as defined in article two hundred 31 forty of the penal law; 32 (u) criminal possession of a weapon in the third degree as defined in 33 subdivision three of section 265.02 of the penal law or criminal sale of 34 a firearm to a minor as defined in section 265.16 of the penal law[.]; 35 or 36 (v) any felony or class A misdemeanor involving harm to an 37 identifiable person or property, where such charge arose from conduct 38 occurring while the defendant was engaging in a riot as defined 39 in article two hundred forty of the penal law. 40 § 4. This act shall take effect immediately.