A 7723: Expands qualifying offenses eligible for pretrial detention and bail.

  
  STATE OF NEW YORK ________________________________________________________________________ 7723 2025-2026 Regular Sessions  IN ASSEMBLY April 8, 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 qualifying offenses for pre-trial detention and bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 510.10 of the criminal procedure 2 law, as amended by section 2 of part UU of chapter 56 of the laws of 3 2020, the opening paragraph as amended by section 2 of subpart A of part 4 VV of chapter 56 of the laws of 2023, paragraphs (s) and (t) as amended 5 and paragraph (u) as added by section 2 of subpart B of part UU of chap- 6 ter 56 of the laws of 2022, is amended to read as follows: 7 4. Where the principal stands charged with a qualifying offense, the 8 court, unless otherwise prohibited by law, may in its discretion release 9 the principal pending trial on the principal's own recognizance or under 10 non-monetary conditions, fix bail, or order non-monetary conditions in 11 conjunction with fixing bail, or, where the defendant is charged with a 12 qualifying offense which is a felony, the court may commit the principal 13 to the custody of the sheriff. A principal stands charged with a quali- 14 fying offense for the purposes of this subdivision when [he or she 15 stands] they stand charged with: 16 (a) a felony enumerated in section 70.02 of the penal law[, other than 17 robbery in the second degree as defined in subdivision one of section 18 160.10 of the penal law, provided, however, that burglary in the second 19 degree as defined in subdivision two of section 140.25 of the penal law 20 shall be a qualifying offense only where the defendant is charged with 21 entering the living area of the dwelling]; 22 (b) a crime involving witness intimidation under section 215.15 of the 23 penal law; 24 (c) a crime involving witness tampering under section 215.11, 215.12 25 or 215.13 of the penal law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11480-01-5 
 A. 7723 2 1 (d) a class A felony defined in the penal law, provided that for class 2 A felonies under article two hundred twenty of the penal law, only 3 [class A-I felonies] offenses defined in sections 220.18, 220.21, 4 220.41, 220.43, 220.44 and 220.77 of such law shall be [a] qualifying 5 [offense] offenses; 6 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 7 the penal law, or a felony sex offense defined in section 70.80 of the 8 penal law, [or a crime involving] incest in the third degree as defined 9 in section 255.25[, 255.26 or 255.27] of such law, [or] a misdemeanor 10 defined in article one hundred thirty of such law, promoting prostitu- 11 tion in the first degree as defined in section 230.32 of the penal law, 12 or compelling prostitution as defined in section 230.33 of the penal 13 law; 14 (f) conspiracy in the second degree as defined in section 105.15 of 15 the penal law, where the underlying allegation of such charge is that 16 the defendant conspired to commit a class A felony defined in article 17 one hundred twenty-five of the penal law, criminal solicitation in the 18 first degree as defined in section 100.13 of the penal law or criminal 19 facilitation in the first degree as defined in section 115.08 of the 20 penal law; 21 (g) money laundering in support of terrorism in the first degree as 22 defined in section 470.24 of the penal law; money laundering in support 23 of terrorism in the second degree as defined in section 470.23 of the 24 penal law; money laundering in support of terrorism in the third degree 25 as defined in section 470.22 of the penal law; money laundering in 26 support of terrorism in the fourth degree as defined in section 470.21 27 of the penal law; or a felony crime of terrorism as defined in article 28 four hundred ninety of the penal law, other than the crime defined in 29 section 490.20 of such law; 30 (h) criminal contempt in the second degree as defined in subdivision 31 three of section 215.50 of the penal law, criminal contempt in the first 32 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 33 the penal law or aggravated criminal contempt as defined in section 34 215.52 of the penal law, and the underlying allegation of such charge of 35 criminal contempt in the second degree, criminal contempt in the first 36 degree or aggravated criminal contempt is that the defendant violated a 37 duly served order of protection where the protected party is a member of 38 the defendant's same family or household as defined in subdivision one 39 of section 530.11 of this title; 40 (i) prostitution in a school zone as defined in section 230.03 of the 41 penal law, promoting prostitution in a school zone as defined in section 42 230.19 of the penal law, facilitating a sexual performance by a child 43 with a controlled substance or alcohol as defined in section 263.30 of 44 the penal law, use of a child in a sexual performance as defined in 45 section 263.05 of the penal law [or], patronizing a person for prostitu- 46 tion in a school zone as defined in section 230.08 of the penal law, 47 luring a child as defined in subdivision one of section 120.70 of the 48 penal law, promoting an obscene sexual performance by a child as defined 49 in section 263.10 of the penal law [or], promoting a sexual performance 50 by a child as defined in section 263.15 of the penal law, possessing an 51 obscene sexual performance by a child as defined in section 263.11 of 52 the penal law, or possessing a sexual performance by a child as defined 53 in section 263.16 of the penal law; 54 (j) any crime that is alleged to have caused the death of or serious 55 physical injury to another person; 
 A. 7723 3 1 (k) criminal obstruction of breathing or blood circulation as defined 2 in section 121.11 of the penal law, strangulation in the second degree 3 as defined in section 121.12 of the penal law or unlawful imprisonment 4 in the first degree as defined in section 135.10 of the penal law, and 5 is alleged to have committed the offense against a member of the defend- 6 ant's same family or household as defined in subdivision one of section 7 530.11 of this title; 8 (l) aggravated vehicular assault as defined in section 120.04-a of the 9 penal law or vehicular assault in the first degree as defined in section 10 120.04 of the penal law; 11 (m) assault in the third degree as defined in section 120.00 of the 12 penal law or arson in the third degree as defined in section 150.10 of 13 the penal law[, when such crime is charged as a hate crime as defined in 14 section 485.05 of the penal law]; 15 (n) aggravated assault upon a person less than eleven years old as 16 defined in section 120.12 of the penal law or criminal possession of a 17 weapon on school grounds as defined in section 265.01-a of the penal 18 law; 19 (o) grand larceny in the first degree as defined in section 155.42 of 20 the penal law, enterprise corruption as defined in section 460.20 of the 21 penal law, or money laundering in the first degree as defined in section 22 470.20 of the penal law; 23 (p) failure to register as a sex offender pursuant to section one 24 hundred sixty-eight-t of the correction law or endangering the welfare 25 of a child as defined in subdivision one of section 260.10 of the penal 26 law, where the defendant is required to maintain registration under 27 article six-C of the correction law and designated a level three offen- 28 der pursuant to subdivision six of section one hundred sixty-eight-l of 29 the correction law; 30 (q) a crime involving bail jumping under section 215.55, 215.56 or 31 215.57 of the penal law, or a crime involving escaping from custody 32 under section 205.05, 205.10 or 205.15 of the penal law; 33 (r) any felony offense committed by the principal while serving a 34 sentence of probation or while released to post release supervision; 35 (s) a felony, where the defendant qualifies for sentencing on such 36 charge as a persistent felony offender pursuant to section 70.10 of the 37 penal law; 38 (t) any felony or class A misdemeanor involving harm to an identifi- 39 able person or property, or any charge of criminal possession of a 40 firearm as defined in section 265.01-b of the penal law, where such 41 charge arose from conduct occurring while the defendant was released on 42 [his or her] their own recognizance, released under conditions, or had 43 yet to be arraigned after the issuance of a desk appearance ticket for a 44 separate felony or class A misdemeanor involving harm to an identifiable 45 person or property, or any charge of criminal possession of a firearm as 46 defined in section 265.01-b of the penal law, provided, however, that 47 the prosecutor must show reasonable cause to believe that the defendant 48 committed the instant crime and any underlying crime. For the purposes 49 of this subparagraph, any of the underlying crimes need not be a quali- 50 fying offense as defined in this subdivision. For the purposes of this 51 paragraph, "harm to an identifiable person or property" shall include 52 but not be limited to theft of or damage to property. However, based 53 upon a review of the facts alleged in the accusatory instrument, if the 54 court determines that such theft is negligible and does not appear to be 55 in furtherance of other criminal activity, the principal shall be 
 A. 7723 4 1 released on [his or her] their own recognizance or under appropriate 2 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) obstructing governmental administration in the second degree as 7 defined in section 195.05 of the penal law, killing or injuring a police 8 animal as defined in section 195.06 of the penal law, killing a police 9 work dog or police work horse as defined in section 195.06-a of the 10 penal law, obstructing governmental administration in the first degree 11 as defined in section 195.07, obstructing governmental administration by 12 means of a self-defense spray device as defined in section 195.08, 13 bribery in the first degree as defined in section 200.04 of the penal 14 law, bribe receiving in the first degree as defined in section 200.12 of 15 the penal law, bribe giving for public office as defined in section 16 200.45 of the penal law, promoting prison contraband in the second 17 degree as defined in section 205.20 of the penal law, promoting prison 18 contraband in the first degree as defined in section 205.25 of the penal 19 law, resisting arrest as defined in section 205.30 of the penal law, 20 hindering prosecution in the first degree as defined in section 205.65 21 of the penal law, tampering with a juror in the first degree as defined 22 in section 215.25 of the penal law or tampering with physical evidence 23 as defined in section 215.40 of the penal law; 24 (w) public sensibilities and the right to privacy including aggravated 25 harassment in the first degree as defined in section 240.31 of the penal 26 law or directing a laser at an aircraft in the first degree as defined 27 in section 240.77 of the penal law; 28 (x) criminal possession of a weapon in the fourth degree as defined in 29 section 265.01 of the penal law, criminal sale of a firearm to a minor 30 as defined in section 265.16 of the penal law, criminal purchase or 31 disposal of a weapon as defined in section 265.17 of the penal law, or 32 aggravated criminal possession of a weapon as defined in section 265.19 33 of the penal law; 34 (y) aggravated cruelty to animals as defined in section three hundred 35 fifty-three-a of the agriculture and markets law, overdriving, torturing 36 and injuring animals; failure to provide proper sustenance as defined in 37 section three hundred fifty-three of the agriculture and markets law, or 38 animal fighting as defined in section three hundred fifty-one of the 39 agriculture and markets law; 40 (z) a hate crime as defined in section 485.05 of the penal law; 41 (a-1) any of the following offenses where the defendant is required to 42 maintain registration under article six-C of the correction law and 43 designated a level two or level three offender pursuant to subdivision 44 six of section one hundred sixty-eight-l of the correction law: endan- 45 gering the welfare of a child as defined in section 260.10 of the penal 46 law; public lewdness as defined in section 245.00 of the penal law; 47 exposure of a person as defined in section 245.01 of the penal law; 48 public lewdness in the first degree as defined in section 245.03 of the 49 penal law; 50 (b-1) reckless assault of a child by a child day care provider as 51 defined in section 120.01 of the penal law, stalking in the fourth 52 degree as defined in section 120.45 of the penal law, stalking in the 53 third degree as defined in section 120.50 of the penal law, stalking in 54 the second degree as defined in section 120.55 of the penal law, crimi- 55 nally negligent homicide as defined in section 125.10 of the penal law, 56 vehicular manslaughter in the second degree as defined in section 125.12 
 A. 7723 5 1 of the penal law, vehicular manslaughter in the first degree as defined 2 in section 125.13 of the penal law, aggravated vehicular homicide as 3 defined in section 125.14 of the penal law, manslaughter in the second 4 degree as defined in section 125.15 of the penal law, coercion in the 5 first degree as defined in section 135.65 of the penal law, burglary in 6 the third degree as defined in section 140.20 of the penal law, arson in 7 the fourth degree as defined in section 150.05 of the penal law, robbery 8 in the third degree as defined in section 160.05 of the penal law, or 9 criminal possession of a firearm as defined in section 265.01-b of the 10 penal law; 11 (c-1) an aggravated family offense as defined in section 240.75 of the 12 penal law; 13 (d-1) any felony or class A misdemeanor involving harm to an identifi- 14 able person or property, where such charge arose from conduct occurring 15 while the defendant was engaging in a riot as defined in article two 16 hundred forty of the penal law; 17 (e-1) use of a child to commit a controlled substance offense as 18 defined in section 220.28 of the penal law and criminal sale of a 19 controlled substance to a child as defined in section 220.48 of the 20 penal law; or 21 (f-1) any crime in violation of article two hundred sixty-five of the 22 penal law involving the use of a machine-gun, firearm silencer, firearm, 23 rifle, shotgun, disguised gun or assault weapon, as such terms are 24 defined in section 265.00 of the penal law. 25 § 2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 26 procedure law, as amended by section 3 of part UU of chapter 56 of the 27 laws of 2020, the opening paragraph as amended by section 6 of subpart A 28 of part VV of chapter 56 of the laws of 2023, subparagraphs (xix) and 29 (xx) as amended and subparagraph (xxi) as added by section 4 of subpart 30 C of part UU of chapter 56 of the laws of 2022, is amended to read as 31 follows: 32 (b) Where the principal stands charged with a qualifying offense, the 33 court, unless otherwise prohibited by law, may in its discretion release 34 the principal pending trial on the principal's own recognizance or under 35 non-monetary conditions, fix bail, order non-monetary conditions in 36 conjunction with fixing bail, or, where the defendant is charged with a 37 qualifying offense which is a felony, the court may commit the principal 38 to the custody of the sheriff. The court shall explain its choice of 39 securing order on the record or in writing. A principal stands charged 40 with a qualifying offense when [he or she stands] they stand charged 41 with: 42 (i) a felony enumerated in section 70.02 of the penal law[, other than 43 robbery in the second degree as defined in subdivision one of section 44 160.10 of the penal law, provided, however, that burglary in the second 45 degree as defined in subdivision two of section 140.25 of the penal law 46 shall be a qualifying offense only where the defendant is charged with 47 entering the living area of the dwelling]; 48 (ii) a crime involving witness intimidation under section 215.15 of 49 the penal law; 50 (iii) a crime involving witness tampering under section 215.11, 215.12 51 or 215.13 of the penal law; 52 (iv) a class A felony defined in the penal law, provided, that for 53 class A felonies under article two hundred twenty of such law, only 54 [class A-I felonies] offenses defined in sections 220.18, 220.21, 55 220.41, 220.43, 220.44 and 220.77 of such law shall be [a] qualifying 56 [offense] offenses; 
 A. 7723 6 1 (v) a sex trafficking offense defined in section 230.34 or 230.34-a of 2 the penal law, or a felony sex offense defined in section 70.80 of the 3 penal law [or a crime involving], incest in the third degree as defined 4 in section 255.25[, 255.26 or 255.27] of such law, or a misdemeanor 5 defined in article one hundred thirty of such law; or promoting prosti- 6 tution in the first degree as defined in section 230.32 of the penal 7 law, compelling prostitution as defined in section 230.33 of the penal 8 law; 9 (vi) conspiracy in the second degree as defined in section 105.15 of 10 the penal law, where the underlying allegation of such charge is that 11 the defendant conspired to commit a class A felony defined in article 12 one hundred twenty-five of the penal law, criminal solicitation in the 13 first degree as defined in section 100.13 of the penal law or criminal 14 facilitation in the first degree as defined in section 115.08 of the 15 penal law; 16 (vii) money laundering in support of terrorism in the first degree as 17 defined in section 470.24 of the penal law; money laundering in support 18 of terrorism in the second degree as defined in section 470.23 of the 19 penal law; money laundering in support of terrorism in the third degree 20 as defined in section 470.22 of the penal law; money laundering in 21 support of terrorism in the fourth degree as defined in section 470.21 22 of the penal law; or a felony crime of terrorism as defined in article 23 four hundred ninety of the penal law, other than the crime defined in 24 section 490.20 of such law; 25 (viii) criminal contempt in the second degree as defined in subdivi- 26 sion three of section 215.50 of the penal law, criminal contempt in the 27 first degree as defined in subdivision (b), (c) or (d) of section 215.51 28 of the penal law or aggravated criminal contempt as defined in section 29 215.52 of the penal law, and the underlying allegation of such charge of 30 criminal contempt in the second degree, criminal contempt in the first 31 degree or aggravated criminal contempt is that the defendant violated a 32 duly served order of protection where the protected party is a member of 33 the defendant's same family or household as defined in subdivision one 34 of section 530.11 of this article; 35 (ix) prostitution in a school zone as defined in section 230.03 of the 36 penal law, promoting prostitution in a school zone as defined in section 37 230.19 of the penal law, facilitating a sexual performance by a child 38 with a controlled substance or alcohol as defined in section 263.30 of 39 the penal law, use of a child in a sexual performance as defined in 40 section 263.05 of the penal law [or], patronizing a person for prostitu- 41 tion in a school zone as defined in section 230.08 of the penal law, 42 luring a child as defined in subdivision one of section 120.70 of the 43 penal law, promoting an obscene sexual performance by a child as defined 44 in section 263.10 of the penal law [or], promoting a sexual performance 45 by a child as defined in section 263.15 of the penal law, possessing an 46 obscene sexual performance by a child as defined in section 263.11 of 47 the penal law, or possessing a sexual performance by a child as defined 48 in section 263.16 of the penal law; 49 (x) any crime that is alleged to have caused the death of or serious 50 physical injury to another person; 51 (xi) criminal obstruction of breathing or blood circulation as defined 52 in section 121.11 of the penal law, strangulation in the second degree 53 as defined in section 121.12 of the penal law or unlawful imprisonment 54 in the first degree as defined in section 135.10 of the penal law, and 55 is alleged to have committed the offense against a member of the defend- 
 A. 7723 7 1 ant's same family or household as defined in subdivision one of section 2 530.11 of this article; 3 (xii) aggravated vehicular assault as defined in section 120.04-a of 4 the penal law or vehicular assault in the first degree as defined in 5 section 120.04 of the penal law; 6 (xiii) assault in the third degree as defined in section 120.00 of the 7 penal law or arson in the third degree as defined in section 150.10 of 8 the penal law[, when such crime is charged as a hate crime as defined in 9 section 485.05 of the penal law]; 10 (xiv) aggravated assault upon a person less than eleven years old as 11 defined in section 120.12 of the penal law or criminal possession of a 12 weapon on school grounds as defined in section 265.01-a of the penal 13 law; 14 (xv) grand larceny in the first degree as defined in section 155.42 of 15 the penal law, enterprise corruption as defined in section 460.20 of the 16 penal law, or money laundering in the first degree as defined in section 17 470.20 of the penal law; 18 (xvi) failure to register as a sex offender pursuant to section one 19 hundred sixty-eight-t of the correction law or endangering the welfare 20 of a child as defined in subdivision one of section 260.10 of the penal 21 law, where the defendant is required to maintain registration under 22 article six-C of the correction law and designated a level three offen- 23 der pursuant to subdivision six of section one hundred sixty-eight-l of 24 the correction law; 25 (xvii) a crime involving bail jumping under section 215.55, 215.56 or 26 215.57 of the penal law, or a crime involving escaping from custody 27 under section 205.05, 205.10 or 205.15 of the penal law; 28 (xviii) any felony offense committed by the principal while serving a 29 sentence of probation or while released to post release supervision; 30 (xix) a felony, where the defendant qualifies for sentencing on such 31 charge as a persistent felony offender pursuant to section 70.10 of the 32 penal law; 33 (xx) any felony or class A misdemeanor involving harm to an identifi- 34 able person or property, or any charge of criminal possession of a 35 firearm as defined in section 265.01-b of the penal law where such 36 charge arose from conduct occurring while the defendant was released on 37 [his or her] their own recognizance, released under conditions, or had 38 yet to be arraigned after the issuance of a desk appearance ticket for a 39 separate felony or class A misdemeanor involving harm to an identifiable 40 person or property, provided, however, that the prosecutor must show 41 reasonable cause to believe that the defendant committed the instant 42 crime and any underlying crime. For the purposes of this subparagraph, 43 any of the underlying crimes need not be a qualifying offense as defined 44 in this subdivision. For the purposes of this paragraph, "harm to an 45 identifiable person or property" shall include but not be limited to 46 theft of or damage to property. However, based upon a review of the 47 facts alleged in the accusatory instrument, if the court determines that 48 such theft is negligible and does not appear to be in furtherance of 49 other criminal activity, the principal shall be released on [his or her] 50 their own recognizance or under appropriate non-monetary conditions; 51 [or] 52 (xxi) criminal possession of a weapon in the third degree as defined 53 in subdivision three of section 265.02 of the penal law or criminal sale 54 of a firearm to a minor as defined in section 265.16 of the penal 55 law[.]; 
 A. 7723 8 1 (xxii) obstructing governmental administration in the second degree as 2 defined in section 195.05 of the penal law, killing or injuring a police 3 animal as defined in section 195.06 of the penal law, killing a police 4 work dog or police work horse as defined in section 195.06-a of the 5 penal law, obstructing governmental administration in the first degree 6 as defined in section 195.07, obstructing governmental administration by 7 means of a self-defense spray device as defined in section 195.08, 8 bribery in the first degree as defined in section 200.04 of the penal 9 law, bribe receiving in the first degree as defined in section 200.12 of 10 the penal law, bribe giving for public office as defined in section 11 200.45 of the penal law, promoting prison contraband in the second 12 degree as defined in section 205.20 of the penal law, promoting prison 13 contraband in the first degree as defined in section 205.25 of the penal 14 law, resisting arrest as defined in section 205.30 of the penal law, 15 hindering prosecution in the first degree as defined in section 205.65 16 of the penal law, tampering with a juror in the first degree as defined 17 in section 215.25 of the penal law or tampering with physical evidence 18 as defined in section 215.40 of the penal law; 19 (xxiii) public sensibilities and the right to privacy including aggra- 20 vated harassment in the first degree as defined in section 240.31 of the 21 penal law or directing a laser at an aircraft in the first degree as 22 defined in section 240.77 of the penal law; 23 (xxiv) criminal possession of a weapon in the fourth degree as defined 24 in section 265.01 of the penal law, criminal sale of a firearm to a 25 minor as defined in section 265.16 of the penal law, criminal purchase 26 or disposal of a weapon as defined in section 265.17 of the penal law, 27 or aggravated criminal possession of a weapon as defined in section 28 265.19 of the penal law; 29 (xxv) aggravated cruelty to animals as defined in section three 30 hundred fifty-three-a of the agriculture and markets law, overdriving, 31 torturing and injuring animals; failure to provide proper sustenance as 32 defined in section three hundred fifty-three of the agriculture and 33 markets law, or animal fighting as defined in section three hundred 34 fifty-one of the agriculture and markets law; 35 (xxvi) a hate crime as defined in section 485.05 of the penal law; 36 (xxvii) any of the following offenses where the defendant is required 37 to maintain registration under article six-C of the correction law and 38 designated a level two or level three offender pursuant to subdivision 39 six of section one hundred sixty-eight-l of the correction law: endan- 40 gering the welfare of a child as defined in section 260.10 of the penal 41 law; public lewdness as defined in section 245.00 of the penal law; 42 exposure of a person as defined in section 245.01 of the penal law; 43 public lewdness in the first degree as defined in section 245.03 of the 44 penal law; 45 (xxviii) reckless assault of a child by a child day care provider as 46 defined in section 120.01 of the penal law, stalking in the fourth 47 degree as defined in section 120.45 of the penal law, stalking in the 48 third degree as defined in section 120.50 of the penal law, stalking in 49 the second degree as defined in section 120.55 of the penal law, crimi- 50 nally negligent homicide as defined in section 125.10 of the penal law, 51 vehicular manslaughter in the second degree as defined in section 125.12 52 of the penal law, vehicular manslaughter in the first degree as defined 53 in section 125.13 of the penal law, aggravated vehicular homicide as 54 defined in section 125.14 of the penal law, manslaughter in the second 55 degree as defined in section 125.15 of the penal law, coercion in the 56 first degree as defined in section 135.65 of the penal law, burglary in 
 A. 7723 9 1 the third degree as defined in section 140.20 of the penal law, arson in 2 the fourth degree as defined in section 150.05 of the penal law, robbery 3 in the third degree as defined in section 160.05 of the penal law, or 4 criminal possession of a firearm as defined in section 265.01-b of the 5 penal law; 6 (xxix) an aggravated family offense as defined in section 240.75 of 7 the penal law; 8 (xxx) any felony or class A misdemeanor involving harm to an identifi- 9 able person or property, where such charge arose from conduct occurring 10 while the defendant was engaging in a riot as defined in article two 11 hundred forty of the penal law; 12 (xxxi) use of a child to commit a controlled substance offense as 13 defined in section 220.28 of the penal law and criminal sale of a 14 controlled substance to a child as defined in section 220.48 of the 15 penal law; or 16 (xxxii) any crime in violation of article two hundred sixty-five of 17 the penal law involving the use of a machine-gun, firearm silencer, 18 firearm, rifle, shotgun, disguised gun or assault weapon, as such terms 19 are defined in section 265.00 of the penal law. 20 § 3. Subdivision 4 of section 530.40 of the criminal procedure law, as 21 added by section 4 of part UU of chapter 56 of the laws of 2020, the 22 opening paragraph as amended by section 8 of subpart A of part VV of 23 chapter 56 of the laws of 2023, paragraphs (s) and (t) as amended and 24 paragraph (u) as added by section 4 of subpart B of part UU of chapter 25 56 of the laws of 2022, is amended to read as follows: 26 4. Where the principal stands charged with a qualifying offense, the 27 court, unless otherwise prohibited by law, may in its discretion, and in 28 accordance with section 510.10 of this title, release the principal 29 pending trial on the principal's own recognizance or under non-monetary 30 conditions, fix bail, or order non-monetary conditions in conjunction 31 with fixing bail, or, where the defendant is charged with a qualifying 32 offense which is a felony, the court may commit the principal to the 33 custody of the sheriff. The court shall explain the basis for its deter- 34 mination and its choice of securing order on the record or in writing. A 35 principal stands charged with a qualifying offense for the purposes of 36 this subdivision when [he or she] they stand stands charged with: 37 (a) a felony enumerated in section 70.02 of the penal law[, other than 38 robbery in the second degree as defined in subdivision one of section 39 160.10 of the penal law, provided, however, that burglary in the second 40 degree as defined in subdivision two of section 140.25 of the penal law 41 shall be a qualifying offense only where the defendant is charged with 42 entering the living area of the dwelling]; 43 (b) a crime involving witness intimidation under section 215.15 of the 44 penal law; 45 (c) a crime involving witness tampering under section 215.11, 215.12 46 or 215.13 of the penal law; 47 (d) a class A felony defined in the penal law, provided that for class 48 A felonies under article two hundred twenty of such law, only [class A-I 49 felonies] offenses defined in sections 220.18, 220.21, 220.41, 220.43, 50 220.44 and 220.77 of such law shall be [a] qualifying [offense] 51 offenses; 52 (e) a sex trafficking offense defined in section 230.34 or 230.34-a of 53 the penal law, or a felony sex offense defined in section 70.80 of the 54 penal law [or a crime involving], incest in the third degree as defined 55 in section 255.25[, 255.26 or 255.27] of such law, [or] a misdemeanor 56 defined in article one hundred thirty of such law; or promoting prosti- 
 A. 7723 10 1 tution in the first degree as defined in section 230.32 of the penal 2 law, or compelling prostitution as defined in section 230.33 of the 3 penal law; 4 (f) conspiracy in the second degree as defined in section 105.15 of 5 the penal law, where the underlying allegation of such charge is that 6 the defendant conspired to commit a class A felony defined in article 7 one hundred twenty-five of the penal law, criminal solicitation in the 8 first degree as defined in section 100.13 of the penal law or criminal 9 facilitation in the first degree as defined in section 115.08 of the 10 penal law; 11 (g) money laundering in support of terrorism in the first degree as 12 defined in section 470.24 of the penal law; money laundering in support 13 of terrorism in the second degree as defined in section 470.23 of the 14 penal law; money laundering in support of terrorism in the third degree 15 as defined in section 470.22 of the penal law; money laundering in 16 support of terrorism in the fourth degree as defined in section 470.21 17 of the penal law; or a felony crime of terrorism as defined in article 18 four hundred ninety of the penal law, other than the crime defined in 19 section 490.20 of such law; 20 (h) criminal contempt in the second degree as defined in subdivision 21 three of section 215.50 of the penal law, criminal contempt in the first 22 degree as defined in subdivision (b), (c) or (d) of section 215.51 of 23 the penal law or aggravated criminal contempt as defined in section 24 215.52 of the penal law, and the underlying allegation of such charge of 25 criminal contempt in the second degree, criminal contempt in the first 26 degree or aggravated criminal contempt is that the defendant violated a 27 duly served order of protection where the protected party is a member of 28 the defendant's same family or household as defined in subdivision one 29 of section 530.11 of this article; 30 (i) prostitution in a school zone as defined in section 230.03 of the 31 penal law, promoting prostitution in a school zone as defined in section 32 230.19 of the penal law, facilitating a sexual performance by a child 33 with a controlled substance or alcohol as defined in section 263.30 of 34 the penal law, use of a child in a sexual performance as defined in 35 section 263.05 of the penal law [or], patronizing a person for prostitu- 36 tion in a school zone as defined in section 230.08 of the penal law, 37 luring a child as defined in subdivision one of section 120.70 of the 38 penal law, promoting an obscene sexual performance by a child as defined 39 in section 263.10 of the penal law or promoting a sexual performance by 40 a child as defined in section 263.15 of the penal law, possessing an 41 obscene sexual performance by a child as defined in section 263.11 of 42 the penal law, or possessing a sexual performance by a child as defined 43 in section 263.16 of the penal law; 44 (j) any crime that is alleged to have caused the death or physical 45 injury of another person; 46 (k) criminal obstruction of breathing or blood circulation as defined 47 in section 121.11 of the penal law, strangulation in the second degree 48 as defined in section 121.12 of the penal law or unlawful imprisonment 49 in the first degree as defined in section 135.10 of the penal law, and 50 is alleged to have committed the offense against a member of the defend- 51 ant's same family or household as defined in subdivision one of section 52 530.11 of this article; 53 (l) aggravated vehicular assault as defined in section 120.04-a of the 54 penal law or vehicular assault in the first degree as defined in section 55 120.04 of the penal law; 
 A. 7723 11 1 (m) assault in the third degree as defined in section 120.00 of the 2 penal law or arson in the third degree as defined in section 150.10 of 3 the penal law[, when such crime is charged as a hate crime as defined in 4 section 485.05 of the penal law]; 5 (n) aggravated assault upon a person less than eleven years old as 6 defined in section 120.12 of the penal law or criminal possession of a 7 weapon on school grounds as defined in section 265.01-a of the penal 8 law; 9 (o) grand larceny in the first degree as defined in section 155.42 of 10 the penal law, enterprise corruption as defined in section 460.20 of the 11 penal law, or money laundering in the first degree as defined in section 12 470.20 of the penal law; 13 (p) failure to register as a sex offender pursuant to section one 14 hundred sixty-eight-t of the correction law or endangering the welfare 15 of a child as defined in subdivision one of section 260.10 of the penal 16 law, where the defendant is required to maintain registration under 17 article six-C of the correction law and designated a level three offen- 18 der pursuant to subdivision six of section one hundred sixty-eight-l of 19 the correction law; 20 (q) a crime involving bail jumping under section 215.55, 215.56 or 21 215.57 of the penal law, or a crime involving escaping from custody 22 under section 205.05, 205.10 or 205.15 of the penal law; 23 (r) any felony offense committed by the principal while serving a 24 sentence of probation or while released to post release supervision; 25 (s) a felony, where the defendant qualifies for sentencing on such 26 charge as a persistent felony offender pursuant to section 70.10 of the 27 penal law; 28 (t) any felony or class A misdemeanor involving harm to an identifi- 29 able person or property, or any charge of criminal possession of a 30 firearm as defined in section 265.01-b of the penal law, where such 31 charge arose from conduct occurring while the defendant was released on 32 [his or her] their own recognizance, released under conditions, or had 33 yet to be arraigned after the issuance of a desk appearance ticket for a 34 separate felony or class A misdemeanor involving harm to an identifiable 35 person or property, or any charge of criminal possession of a firearm as 36 defined in section 265.01-b of the penal law, provided, however, that 37 the prosecutor must show reasonable cause to believe that the defendant 38 committed the instant crime and any underlying crime. For the purposes 39 of this subparagraph, any of the underlying crimes need not be a quali- 40 fying offense as defined in this subdivision. For the purposes of this 41 paragraph, "harm to an identifiable person or property" shall include 42 but not be limited to theft of or damage to property. However, based 43 upon a review of the facts alleged in the accusatory instrument, if the 44 court determines that such theft is negligible and does not appear to be 45 in furtherance of other criminal activity, the principal shall be 46 released on [his or her] their own recognizance or under appropriate 47 non-monetary conditions; [or] 48 (u) criminal possession of a weapon in the third degree as defined in 49 subdivision three of section 265.02 of the penal law or criminal sale of 50 a firearm to a minor as defined in section 265.16 of the penal law[.]; 51 (v) obstructing governmental administration in the second degree as 52 defined in section 195.05 of the penal law, killing or injuring a police 53 animal as defined in section 195.06 of the penal law, killing a police 54 work dog or police work horse as defined in section 195.06-a of the 55 penal law, obstructing governmental administration in the first degree 56 as defined in section 195.07, obstructing governmental administration by 
 A. 7723 12 1 means of a self-defense spray device as defined in section 195.08, 2 bribery in the first degree as defined in section 200.04 of the penal 3 law, bribe receiving in the first degree as defined in section 200.12 of 4 the penal law, bribe giving for public office as defined in section 5 200.45 of the penal law, promoting prison contraband in the second 6 degree as defined in section 205.20 of the penal law, promoting prison 7 contraband in the first degree as defined in section 205.25 of the penal 8 law, resisting arrest as defined in section 205.30 of the penal law, 9 hindering prosecution in the first degree as defined in section 205.65 10 of the penal law, tampering with a juror in the first degree as defined 11 in section 215.25 of the penal law or tampering with physical evidence 12 as defined in section 215.40 of the penal law; 13 (w) public sensibilities and the right to privacy including aggravated 14 harassment in the first degree as defined in section 240.31 of the penal 15 law or directing a laser at an aircraft in the first degree as defined 16 in section 240.77 of the penal law; 17 (x) criminal possession of a weapon in the fourth degree as defined in 18 section 265.01 of the penal law, criminal sale of a firearm to a minor 19 as defined in section 265.16 of the penal law, criminal purchase or 20 disposal of a weapon as defined in section 265.17 of the penal law, or 21 aggravated criminal possession of a weapon as defined in section 265.19 22 of the penal law; 23 (y) aggravated cruelty to animals as defined in section three hundred 24 fifty-three-a of the agriculture and markets law, overdriving, torturing 25 and injuring animals; failure to provide proper sustenance as defined in 26 section three hundred fifty-three of the agriculture and markets law, or 27 animal fighting as defined in section three hundred fifty-one of the 28 agriculture and markets law; 29 (z) a hate crime as defined in section 485.05 of the penal law; 30 (a-1) any of the following offenses where the defendant is required to 31 maintain registration under article six-C of the correction law and 32 designated a level two or level three offender pursuant to subdivision 33 six of section one hundred sixty-eight-l of the correction law: endan- 34 gering the welfare of a child as defined in section 260.10 of the penal 35 law; public lewdness as defined in section 245.00 of the penal law; 36 exposure of a person as defined in section 245.01 of the penal law; 37 public lewdness in the first degree as defined in section 245.03 of the 38 penal law; 39 (b-1) reckless assault of a child by a child day care provider as 40 defined in section 120.01 of the penal law, stalking in the fourth 41 degree as defined in section 120.45 of the penal law, stalking in the 42 third degree as defined in section 120.50 of the penal law, stalking in 43 the second degree as defined in section 120.55 of the penal law, crimi- 44 nally negligent homicide as defined in section 125.10 of the penal law, 45 vehicular manslaughter in the second degree as defined in section 125.12 46 of the penal law, vehicular manslaughter in the first degree as defined 47 in section 125.13 of the penal law, aggravated vehicular homicide as 48 defined in section 125.14 of the penal law, manslaughter in the second 49 degree as defined in section 125.15 of the penal law, coercion in the 50 first degree as defined in section 135.65 of the penal law, burglary in 51 the third degree as defined in section 140.20 of the penal law, arson in 52 the fourth degree as defined in section 150.05 of the penal law, robbery 53 in the third degree as defined in section 160.05 of the penal law, or 54 criminal possession of a firearm as defined in section 265.01-b of the 55 penal law; 
 A. 7723 13 1 (c-1) an aggravated family offense as defined in section 240.75 of the 2 penal law; 3 (d-1) any felony or class A misdemeanor involving harm to an identifi- 4 able person or property, where such charge arose from conduct occurring 5 while the defendant was engaging in a riot as defined in article two 6 hundred forty of the penal law; 7 (e-1) use of a child to commit a controlled substance offense as 8 defined in section 220.28 of the penal law and criminal sale of a 9 controlled substance to a child as defined in section 220.48 of the 10 penal law; or 11 (f-1) any crime in violation of article two hundred sixty-five of the 12 penal law involving the use of a machine-gun, firearm silencer, firearm, 13 rifle, shotgun, disguised gun or assault weapon, as such terms are 14 defined in section 265.00 of the penal law. 15 § 4. This act shall take effect immediately.