A 7064: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 7064 2025-2026 Regular Sessions  IN ASSEMBLY March 20, 2025 ___________ Introduced by M. of A. EICHENSTEIN -- 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. LBD09472-01-5 
 A. 7064 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] the principal's own recognizance or under 18 appropriate non-monetary 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. 7064 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] the princi- 36 pal's own recognizance or under appropriate non-monetary conditions; 37 [or] 38 (xxi) criminal possession of a weapon in the third degree as defined 39 in subdivision three of section 265.02 of the penal law or criminal sale 40 of a firearm to a minor as defined in section 265.16 of the penal 41 law[.]; 42 (xxii) assault in the third degree as defined in section 120.00 of the 43 penal law; reckless assault of a child by a child day care provider as 44 defined in section 120.01 of the penal law; vehicular assault in the 45 second degree as defined in section 120.03 of the penal law; menacing in 46 the first degree as defined in section 120.13 of the penal law; menacing 47 in the second degree as defined in section 120.14 of the penal law; 48 menacing in the third degree as defined in section 120.15 of the penal 49 law; reckless endangerment in the second degree as defined in section 50 120.20 of the penal law; reckless endangerment in the first degree as 51 defined in section 120.25 of the penal law; stalking in the third degree 52 as defined in section 120.50 of the penal law; or stalking in the second 53 degree as defined in section 120.55 of the penal law; 54 (xxiii) unlawful imprisonment in the second degree as defined in 55 section 135.05 of the penal law; 
 A. 7064 4 1 (xxiv) burglary in the third degree as defined in section 140.20 of 2 the penal law; 3 (xxv) arson in the fifth degree as defined in section 150.01; arson in 4 the fourth degree as defined in section 150.05 of the penal law; or 5 arson in the third degree as defined in section 150.10 of the penal 6 law; 7 (xxvi) public lewdness in the first degree as defined in section 8 245.03 of the penal law; 9 (xxvii) criminal possession of a rapid-fire modification device as 10 defined in section 265.01-c of the penal law; criminal possession of a 11 weapon in a restricted location as defined in section 265.01-d of the 12 penal law; criminal possession of a firearm, rifle or shotgun in a 13 sensitive location as defined in section 265.01-e of the penal law; a 14 violation of manufacture, transport, disposition and defacement of weap- 15 ons and dangerous instruments and appliances as defined in subdivision 16 five of section 265.10 of the penal law; prohibited use of weapons as 17 defined in subdivision three of section 265.35 of the penal law; or 18 unlawful possession of certain ammunition feeding devices as defined in 19 section 265.37 of the penal law; or 20 (xxviii) unlawful fleeing a police officer in a motor vehicle in the 21 third degree as defined in section 270.25 of the penal law. 22 § 3. Paragraphs (a), (m), (t) and (u) of subdivision 4 of section 23 530.40 of the criminal procedure law, paragraph (a) as amended and para- 24 graph (m) as added by section 4 of part UU of chapter 56 of the laws of 25 2020, and paragraph (t) as amended and paragraph (u) as added by section 26 4 of subpart B of part UU of chapter 56 of the laws of 2022 are amended 27 and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb) are 28 added to read as follows: 29 (a) a felony enumerated in section 70.02 of the penal law[, other than 30 robbery in the second degree as defined in subdivision one of section 31 160.10 of the penal law, provided, however, that burglary in the second 32 degree as defined in subdivision two of section 140.25 of the penal law 33 shall be a qualifying offense only where the defendant is charged with 34 entering the living area of the dwelling]; 35 (m) assault in the third degree as defined in section 120.00 of the 36 penal law [or arson in the third degree as defined in section 150.10 of 37 the penal law], when such crime is charged as a hate crime as defined in 38 section 485.05 of the penal law; 39 (t) any felony or class A misdemeanor involving harm to an identifi- 40 able person or property, or any charge of criminal possession of a 41 firearm as defined in section 265.01-b of the penal law[, where such 42 charge arose from conduct occurring while the defendant was released on 43 his or her own recognizance, released under conditions, or had yet to be 44 arraigned after the issuance of a desk appearance ticket for a separate 45 felony or class A misdemeanor involving harm to an identifiable person 46 or property, or any charge of criminal possession of a firearm as 47 defined in section 265.01-b of the penal law, provided, however, that 48 the prosecutor must show reasonable cause to believe that the defendant 49 committed the instant crime and any underlying crime. For the purposes 50 of this subparagraph, any of the underlying crimes need not be a quali- 51 fying offense as defined in this subdivision]. For the purposes of this 52 paragraph, "harm to an identifiable person or property" shall include 53 but not be limited to theft of or damage to property. However, based 54 upon a review of the facts alleged in the accusatory instrument, if the 55 court determines that such theft is negligible and does not appear to be 56 in furtherance of other criminal activity, the principal shall be 
 A. 7064 5 1 released on [his or her] the principal's own recognizance or under 2 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) assault in the third degree as defined in section 120.00 of the 7 penal law; reckless assault of a child by a child day care provider as 8 defined in section 120.01 of the penal law; vehicular assault in the 9 second degree as defined in section 120.03 of the penal law; menacing in 10 the first degree as defined in section 120.13 of the penal law; menacing 11 in the second degree as defined in section 120.14 of the penal law; 12 menacing in the third degree as defined in section 120.15 of the penal 13 law; reckless endangerment in the second degree as defined in section 14 120.20 of the penal law; reckless endangerment in the first degree as 15 defined in section 120.25 of the penal law; stalking in the third degree 16 as defined in section 120.50 of the penal law; or stalking in the second 17 degree as defined in section 120.55 of the penal law; 18 (w) unlawful imprisonment in the second degree as defined in section 19 135.05 of the penal law; 20 (x) burglary in the third degree as defined in section 140.20 of the 21 penal law; 22 (y) arson in the fifth degree as defined in section 150.01; arson in 23 the fourth degree as defined in section 150.05 of the penal law; or 24 arson in the third degree as defined in section 150.10 of the penal 25 law; 26 (z) public lewdness in the first degree as defined in section 245.03 27 of the penal law; 28 (aa) criminal possession of a rapid-fire modification device as 29 defined in section 265.01-c of the penal law; criminal possession of a 30 weapon in a restricted location as defined in section 265.01-d of the 31 penal law; criminal possession of a firearm, rifle or shotgun in a 32 sensitive location as defined in section 265.01-e of the penal law; a 33 violation of manufacture, transport, disposition and defacement of weap- 34 ons and dangerous instruments and appliances as defined in subdivision 35 five of section 265.10 of the penal law; prohibited use of weapons as 36 defined in subdivision three of section 265.35 of the penal law; or 37 unlawful possession of certain ammunition feeding devices as defined in 38 section 265.37 of the penal law; or 39 (bb) unlawful fleeing a police officer in a motor vehicle in the third 40 degree as defined in section 270.25 of the penal law. 41 § 4. The Office of Court Administration, in conjunction with the New 42 York State Division of Criminal Justice Services, shall manage an elec- 43 tronic tracking system maintaining a record of all bail decisions of 44 judges in this state, specifying by court, the number of cases in which 45 bail was granted, in which bail was denied and in which no bail was 46 required. If bail was granted, the average amount of bail required shall 47 be specified. On or before July 31st of each year, the Office of Court 48 Administration shall prepare a report detailing the record of cases and 49 deliver such report to the Speaker of the Assembly and the Temporary 50 President of the Senate. 51 § 5. This act shall take effect on the sixtieth day after it shall 52 have become a law; provided that section four of this act shall take 53 effect one year after it shall have become a law. Effective immediate- 54 ly, the addition, amendment and/or repeal of any rule or regulation 55 necessary for the implementation of this act on its effective date are 56 authorized to be made and completed on or before such effective date.