A 4206: Requires courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order; makes stalking in the second and third degree a qualifying offense; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 4206 2025-2026 Regular Sessions  IN ASSEMBLY January 31, 2025 ___________ Introduced by M. of A. REILLY -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to requiring courts to consider whether an individual poses a risk or threat of physical danger to the safety of any person or the community when imposing a securing order and making certain crimes qualifying offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 510.10 of 2 the criminal procedure law, as amended by section 2 of subpart A of part 3 VV of chapter 56 of the laws of 2023, is amended to read as follows: 4 When a principal, whose future court attendance at a criminal action 5 or proceeding is or may be required, comes under the control of a court, 6 such court shall impose a securing order in accordance with this title. 7 Except as otherwise required by law, the court shall make an individual- 8 ized determination as to whether the principal poses a risk or threat 9 of physical danger to the safety of any person or the community and make 10 an individualized determination as to whether the principal poses a risk 11 of flight to avoid prosecution[,]. The court shall consider the kind and 12 degree of control or restriction necessary to reasonably assure the 13 principal's return to court and the safety of any person or the communi- 14 ty, and select a securing order consistent with its determination under 15 this subdivision. The court shall explain the basis for its determi- 16 nation and its choice of securing order on the record or in writing. In 17 making a determination under this subdivision, the court must consider 18 and take into account available information about the principal, includ- 19 ing: 20 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 21 criminal procedure law, paragraph (t) as amended and paragraph (u) as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03673-01-5 
 A. 4206 2 1 added by section 2 of subpart B of part UU of chapter 56 of the laws of 2 2022, are amended and a new paragraph (v) is added to read as follows: 3 (t) any felony or class A misdemeanor involving harm to an identifi- 4 able person or property, or any charge of criminal possession of a 5 firearm as defined in section 265.01-b of the penal law, where such 6 charge arose from conduct occurring while the defendant was released on 7 [his or her] such defendant's own recognizance, released under condi- 8 tions, or had yet to be arraigned after the issuance of a desk appear- 9 ance ticket for a separate felony or class A misdemeanor involving harm 10 to an identifiable person or property, or any charge of criminal 11 possession of a firearm as defined in section 265.01-b of the penal law, 12 provided, however, that the prosecutor must show reasonable cause to 13 believe that the defendant committed the instant crime and any underly- 14 ing crime. For the purposes of this subparagraph, any of the underlying 15 crimes need not be a qualifying offense as defined in this subdivision. 16 For the purposes of this paragraph, "harm to an identifiable person or 17 property" shall include but not be limited to theft of or damage to 18 property. However, based upon a review of the facts alleged in the accu- 19 satory instrument, if the court determines that such theft is negligible 20 and does not appear to be in furtherance of other criminal activity, the 21 principal shall be released on [his or her] such principal's own recog- 22 nizance or under appropriate non-monetary conditions; [or] 23 (u) criminal possession of a weapon in the third degree as defined in 24 subdivision three of section 265.02 of the penal law or criminal sale of 25 a firearm to a minor as defined in section 265.16 of the penal law[.]; 26 or 27 (v) stalking in the second degree as defined in section 120.55 of the 28 penal law and stalking in the third degree as defined in section 120.50 29 of the penal law. 30 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 31 section 530.20 of the criminal procedure law, subparagraph (xx) as 32 amended and subparagraph (xxi) as added by section 4 of subpart C of 33 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 34 agraph (xxii) is added to read as follows: 35 (xx) any felony or class A misdemeanor involving harm to an identifi- 36 able person or property, or any charge of criminal possession of a 37 firearm as defined in section 265.01-b of the penal law where such 38 charge arose from conduct occurring while the defendant was released on 39 [his or her] such defendant's own recognizance, released under condi- 40 tions, or had yet to be arraigned after the issuance of a desk appear- 41 ance ticket for a separate felony or class A misdemeanor involving harm 42 to an identifiable person or property, provided, however, that the 43 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] such principal's own recognizance or under 53 appropriate non-monetary conditions; [or] 54 (xxi) criminal possession of a weapon in the third degree as defined 55 in subdivision three of section 265.02 of the penal law or criminal sale 
 A. 4206 3 1 of a firearm to a minor as defined in section 265.16 of the penal 2 law[.]; or 3 (xxii) stalking in the second degree as defined in section 120.55 of 4 the penal law and stalking in the third degree as defined in section 5 120.50 of the penal law. 6 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 7 criminal procedure law, paragraph (t) as amended and paragraph (u) as 8 added by section 4 of subpart B of part UU of chapter 56 of the laws of 9 2022, are amended and a new paragraph (v) is added to read as follows: 10 (t) any felony or class A misdemeanor involving harm to an identifi- 11 able person or property, or any charge of criminal possession of a 12 firearm as defined in section 265.01-b of the penal law, where such 13 charge arose from conduct occurring while the defendant was released on 14 [his or her] such defendant's own recognizance, released under condi- 15 tions, or had yet to be arraigned after the issuance of a desk appear- 16 ance ticket for a separate felony or class A misdemeanor involving harm 17 to an identifiable person or property, or any charge of criminal 18 possession of a firearm as defined in section 265.01-b of the penal law, 19 provided, however, that the prosecutor must show reasonable cause to 20 believe that the defendant committed the instant crime and any underly- 21 ing crime. For the purposes of this subparagraph, any of the underlying 22 crimes need not be a qualifying offense as defined in this subdivision. 23 For the purposes of this paragraph, "harm to an identifiable person or 24 property" shall include but not be limited to theft of or damage to 25 property. However, based upon a review of the facts alleged in the accu- 26 satory instrument, if the court determines that such theft is negligible 27 and does not appear to be in furtherance of other criminal activity, the 28 principal shall be released on [his or her] such principal's own recog- 29 nizance or under appropriate non-monetary conditions; [or] 30 (u) criminal possession of a weapon in the third degree as defined in 31 subdivision three of section 265.02 of the penal law or criminal sale of 32 a firearm to a minor as defined in section 265.16 of the penal law[.]; 33 or 34 (v) stalking in the second degree as defined in section 120.55 of the 35 penal law and stalking in the third degree as defined in section 120.50 36 of the penal law. 37 § 5. Subparagraph (xi) of paragraph (b) of subdivision 1 of section 38 150.20 of the criminal procedure law, as added by section 1 of subpart B 39 of part UU of chapter 56 of the laws of 2022, is amended to read as 40 follows: 41 (xi) the offense is a qualifying offense pursuant to paragraph (t) or 42 (v) of subdivision four of section 510.10 of this chapter, or pursuant 43 to paragraph (t) or (v) of subdivision four of section 530.40 of this 44 chapter. 45 § 6. Subparagraph (iv) of paragraph (b) and subparagraph (iii) of 46 paragraph (d) of subdivision 2 of section 530.60 of the criminal proce- 47 dure law, subparagraph (iv) of paragraph (b) as added by section 20 of 48 part JJJ of chapter 59 of the laws of 2019, and subparagraph (iii) of 49 paragraph (d) as added by section 11 of subpart A of part VV of chapter 50 56 of the laws of 2023, are amended to read as follows: 51 (iv) stands charged in such action or proceeding with a felony and, 52 after being so charged, committed a felony or class A misdemeanor while 53 at liberty. 54 (iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of 55 this subdivision, revocation of a previously issued securing order shall 56 result in the issuance of a new securing order which may, if otherwise 
 A. 4206 4 1 authorized by law, permit the principal's release on recognizance or 2 release under non-monetary conditions, but shall also render the defend- 3 ant eligible for an order fixing bail or ordering non-monetary condi- 4 tions in conjunction with fixing bail. In issuing the new securing 5 order, the court shall consider the kind and degree of control or 6 restriction necessary to reasonably assure the principal's return to 7 court, the safety of any person or the community and compliance with 8 court conditions, and select a securing order consistent with its deter- 9 mination, taking into account the factors required to be considered 10 under subdivision one of section 510.10 of this title, the circumstances 11 warranting such revocation, and the nature and extent of the principal's 12 noncompliance with previously ordered non-monetary conditions of the 13 securing order subject to revocation under this subdivision. Nothing in 14 this subparagraph shall be interpreted as shortening the period of 15 detention, or requiring or authorizing any less restrictive form of a 16 securing order, which may be imposed pursuant to any other law. 17 § 7. Subdivision 3 of section 510.30 of the criminal procedure law, as 18 amended by section 5 of part JJJ of chapter 59 of the laws of 2019, is 19 amended to read as follows: 20 3. When bail or recognizance is ordered, the court shall inform the 21 principal, if the principal is a defendant charged with the commission 22 of a felony, that the release is conditional and that the court may 23 revoke the order of release and may be authorized to commit the princi- 24 pal to the custody of the sheriff in accordance with the provisions of 25 subdivision two of section 530.60 of this [chapter] title if the princi- 26 pal commits a subsequent felony or class A misdemeanor while at liberty 27 upon such order. 28 § 8. This act shall take effect on the sixtieth day after it shall 29 have become a law.