A 6622: Designates promoting prostitution in the fourth degree and patronizing a person for prostitution in the third degree, where such person is less than 17 years of age, as qualifying offenses with regard to bail eligibility.

  
  STATE OF NEW YORK ________________________________________________________________________ 6622 2025-2026 Regular Sessions  IN ASSEMBLY March 6, 2025 ___________ Introduced by M. of A. GIGLIO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to designating certain crimes relating to prostitution as qualifying offenses with regard to bail eligibility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (t) as amended and paragraph 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the 4 laws of 2022, are amended and two new paragraphs (v) and (w) are added 5 to read as follows: 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law, where such 9 charge arose from conduct occurring while the defendant was released on 10 [his or her] such defendant's own recognizance, released under condi- 11 tions, or had yet to be arraigned after the issuance of a desk appear- 12 ance ticket for a separate felony or class A misdemeanor involving harm 13 to an identifiable person or property, or any charge of criminal 14 possession of a firearm as defined in section 265.01-b of the penal law, 15 provided, however, that the prosecutor must show reasonable cause to 16 believe that the defendant committed the instant crime and any underly- 17 ing crime. For the purposes of this subparagraph, any of the underlying 18 crimes need not be a qualifying offense as defined in this subdivision. 19 For the purposes of this paragraph, "harm to an identifiable person or 20 property" shall include but not be limited to theft of or damage to 21 property. However, based upon a review of the facts alleged in the accu- 22 satory instrument, if the court determines that such theft is negligible 23 and does not appear to be in furtherance of other criminal activity, the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10119-01-5 
 A. 6622 2 1 principal shall be released on [his or her] such principal's own recog- 2 nizance or under appropriate non-monetary conditions; [or] 3 (u) criminal possession of a weapon in the third degree as defined in 4 subdivision three of section 265.02 of the penal law or criminal sale of 5 a firearm to a minor as defined in section 265.16 of the penal law[.]; 6 (v) promoting prostitution in the fourth degree as defined in section 7 230.20 of the penal law; or 8 (w) patronizing a person for prostitution in the third degree as 9 defined in section 230.04 of the penal law, where such person patronized 10 is less than seventeen years of age. 11 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 12 section 530.20 of the criminal procedure law, subparagraph (xx) as 13 amended and subparagraph (xxi) as added by section 4 of subpart C of 14 part UU of chapter 56 of the laws of 2022, are amended and two new para- 15 graphs (xxii) and (xxiii) are added to read as follows: 16 (xx) any felony or class A misdemeanor involving harm to an identifi- 17 able person or property, or any charge of criminal possession of a 18 firearm as defined in section 265.01-b of the penal law where such 19 charge arose from conduct occurring while the defendant was released on 20 [his or her] such defendant's own recognizance, released under condi- 21 tions, or had yet to be arraigned after the issuance of a desk appear- 22 ance ticket for a separate felony or class A misdemeanor involving harm 23 to an identifiable person or property, provided, however, that the 24 prosecutor must show reasonable cause to believe that the defendant 25 committed the instant crime and any underlying crime. For the purposes 26 of this subparagraph, any of the underlying crimes need not be a quali- 27 fying offense as defined in this subdivision. For the purposes of this 28 paragraph, "harm to an identifiable person or property" shall include 29 but not be limited to theft of or damage to property. However, based 30 upon a review of the facts alleged in the accusatory instrument, if the 31 court determines that such theft is negligible and does not appear to be 32 in furtherance of other criminal activity, the principal shall be 33 released on [his or her] such principal's own recognizance or under 34 appropriate non-monetary conditions; [or] 35 (xxi) criminal possession of a weapon in the third degree as defined 36 in subdivision three of section 265.02 of the penal law or criminal sale 37 of a firearm to a minor as defined in section 265.16 of the penal 38 law[.]; 39 (xxii) promoting prostitution in the fourth degree as defined in 40 section 230.20 of the penal law; or 41 (xxiii) patronizing a person for prostitution in the third degree as 42 defined in section 230.04 of the penal law, where such person patronized 43 is less than seventeen years of age. 44 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 45 criminal procedure law, paragraph (t) as amended and paragraph (u) as 46 added by section 4 of subpart B of part UU of chapter 56 of the laws of 47 2022, are amended and two new paragraphs (v) and (w) are added to read 48 as follows: 49 (t) any felony or class A misdemeanor involving harm to an identifi- 50 able person or property, or any charge of criminal possession of a 51 firearm as defined in section 265.01-b of the penal law, where such 52 charge arose from conduct occurring while the defendant was released on 53 [his or her] such defendant's own recognizance, released under condi- 54 tions, or had yet to be arraigned after the issuance of a desk appear- 55 ance ticket for a separate felony or class A misdemeanor involving harm 56 to an identifiable person or property, or any charge of criminal 
 A. 6622 3 1 possession of a firearm as defined in section 265.01-b of the penal law, 2 provided, however, that the prosecutor must show reasonable cause to 3 believe that the defendant committed the instant crime and any underly- 4 ing crime. For the purposes of this subparagraph, any of the underlying 5 crimes need not be a qualifying offense as defined in this subdivision. 6 For the purposes of this paragraph, "harm to an identifiable person or 7 property" shall include but not be limited to theft of or damage to 8 property. However, based upon a review of the facts alleged in the accu- 9 satory instrument, if the court determines that such theft is negligible 10 and does not appear to be in furtherance of other criminal activity, the 11 principal shall be released on [his or her] such principal's own recog- 12 nizance or under appropriate non-monetary conditions; [or] 13 (u) criminal possession of a weapon in the third degree as defined in 14 subdivision three of section 265.02 of the penal law or criminal sale of 15 a firearm to a minor as defined in section 265.16 of the penal law[.]; 16 (v) promoting prostitution in the fourth degree as defined in section 17 230.20 of the penal law; or 18 (w) patronizing a person for prostitution in the third degree as 19 defined in section 230.04 of the penal law, where such person patronized 20 is less than seventeen years of age. 21 § 4. This act shall take effect immediately.