A 9127: Includes aggravated threat of mass harm, making a threat of mass harm, aggravated harassment in the second degree, harassment in the first degree, menacing in the third degree, menacing in the second degree, menacing in the first degree, and aggravated harassment in the first degree in being eligible for bail; makes aggravated threat of mass harm and making a threat of mass harm eligible to be considered hate crimes; increases the penalties for aggravated threat of mass harm and making a threat of mass harm.

  
  STATE OF NEW YORK ________________________________________________________________________ 9127 2025-2026 Regular Sessions  IN ASSEMBLY September 26, 2025 ___________ Introduced by M. of A. BARCLAY, REILLY, SIMPSON, JENSEN, E. BROWN, GANDOLFO, MANKTELOW, MILLER, GALLAHAN, BLUMENCRANZ, PALMESANO, K. BROWN, GRAY, DURSO, PIROZZOLO, SLATER, BENDETT, NOVAKHOV, LEMONDES, HAWLEY, DeSTEFANO, ANGELINO, TAGUE, BRABENEC, GIGLIO, MORINELLO, WALSH, SMULLEN, BEEPHAN, BLANKENBUSH, BROOK-KRASNY, McDONOUGH, MIKU- LIN, SMITH, RA, MAHER, CHANG, BOLOGNA -- Multi-Sponsored by -- M. of A. FRIEND -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the penal law, in relation to including certain offenses in being eligible for bail, making certain offenses eligible to be considered hate crimes, and increasing the penalties for certain offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (g), (m), (t), and (u) of subdivision 4 of 2 section 510.10 of the criminal procedure law, paragraph (g) 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 a new paragraph (v) is added to read as follows: 7 (g) money laundering in support of terrorism in the first degree as 8 defined in section 470.24 of the penal law; money laundering in support 9 of terrorism in the second degree as defined in section 470.23 of the 10 penal law; money laundering in support of terrorism in the third degree 11 as defined in section 470.22 of the penal law; money laundering in 12 support of terrorism in the fourth degree as defined in section 470.21 13 of the penal law; [or] a felony crime of terrorism as defined in article 14 four hundred ninety of the penal law[, other than the crime defined in 15 section 490.20 of such law]; aggravated threat of mass harm as defined 16 in section 240.79 of the penal law; or making a threat of mass harm as 17 defined in section 240.78 of the penal law; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05156-01-5 
 A. 9127 2 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 3 of the penal law[,]; aggravated harassment in the second degree as 4 defined in section 240.30; harassment in the first degree as defined in 5 section 240.25; menacing in the third degree as defined in section 6 120.15; menacing in the second degree as defined in section 120.14; or 7 menacing in the first degree as defined in section 120.13, when any such 8 crime is charged as a hate crime as defined in section 485.05 of the 9 penal law; 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) aggravated harassment in the first degree as defined in section 35 240.31 of the penal law. 36 § 2. Subparagraphs (vii), (xiii), (xx), and (xxi) of paragraph (b) of 37 subdivision 1 of section 530.20 of the criminal procedure law, subpara- 38 graphs (vii) and (xiii) as amended by section 3 of part UU of chapter 56 39 of the laws of 2020 and subparagraph (xx) as amended and subparagraph 40 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the 41 laws of 2022, are amended and a new subparagraph (xxii) is added to read 42 as follows: 43 (vii) money laundering in support of terrorism in the first degree as 44 defined in section 470.24 of the penal law; money laundering in support 45 of terrorism in the second degree as defined in section 470.23 of the 46 penal law; money laundering in support of terrorism in the third degree 47 as defined in section 470.22 of the penal law; money laundering in 48 support of terrorism in the fourth degree as defined in section 470.21 49 of the penal law; [or] a felony crime of terrorism as defined in article 50 four hundred ninety of the penal law[, other than the crime defined in 51 section 490.20 of such law]; aggravated threat of mass harm as defined 52 in section 240.79 of the penal law; or making a threat of mass harm as 53 defined in section 240.78 of the penal law; 54 (xiii) assault in the third degree as defined in section 120.00 of the 55 penal law [or]; arson in the third degree as defined in section 150.10 56 of the penal law; aggravated harassment in the second degree as defined 
 A. 9127 3 1 in section 240.30; harassment in the first degree as defined in section 2 240.25; menacing in the third degree as defined in section 120.15; 3 menacing in the second degree as defined in section 120.14; or menacing 4 in the first degree as defined in section 120.13, when any such crime is 5 charged as a hate crime as defined in section 485.05 of the penal law; 6 (xx) 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, provided, however, that the 14 prosecutor must show reasonable cause to believe that the defendant 15 committed the instant crime and any underlying crime. For the purposes 16 of this subparagraph, any of the underlying crimes need not be a quali- 17 fying offense as defined in this subdivision. For the purposes of this 18 paragraph, "harm to an identifiable person or property" shall include 19 but not be limited to theft of or damage to property. However, based 20 upon a review of the facts alleged in the accusatory instrument, if the 21 court determines that such theft is negligible and does not appear to be 22 in furtherance of other criminal activity, the principal shall be 23 released on [his or her] such principal's own recognizance or under 24 appropriate non-monetary conditions; [or] 25 (xxi) criminal possession of a weapon in the third degree as defined 26 in subdivision three of section 265.02 of the penal law or criminal sale 27 of a firearm to a minor as defined in section 265.16 of the penal 28 law[.]; or 29 (xxii) aggravated harassment in the first degree as defined in section 30 240.31 of the penal law. 31 § 3. Paragraphs (g), (m), (t), and (u) of subdivision 4 of section 32 530.40 of the criminal procedure law, paragraph (g) as amended and para- 33 graph (m) as added by section 4 of part UU of chapter 56 of the laws of 34 2020 and paragraph (t) as amended and paragraph (u) as added by section 35 4 of subpart B of part UU of chapter 56 of the laws of 2022, are amended 36 and a new paragraph (v) is added to read as follows: 37 (g) money laundering in support of terrorism in the first degree as 38 defined in section 470.24 of the penal law; money laundering in support 39 of terrorism in the second degree as defined in section 470.23 of the 40 penal law; money laundering in support of terrorism in the third degree 41 as defined in section 470.22 of the penal law; money laundering in 42 support of terrorism in the fourth degree as defined in section 470.21 43 of the penal law; [or] a felony crime of terrorism as defined in article 44 four hundred ninety of the penal law[, other than the crime defined in 45 section 490.20 of such law]; aggravated threat of mass harm as defined 46 in section 240.79 of the penal law; or making a threat of mass harm as 47 defined in section 240.78 of the penal law; 48 (m) assault in the third degree as defined in section 120.00 of the 49 penal law or arson in the third degree as defined in section 150.10 of 50 the penal law; aggravated harassment in the second degree as defined in 51 section 240.30; harassment in the first degree as defined in section 52 240.25; menacing in the third degree as defined in section 120.15; 53 menacing in the second degree as defined in section 120.14; or menacing 54 in the first degree as defined in section 120.13, when any such crime is 55 charged as a hate crime as defined in section 485.05 of the penal law; 
 A. 9127 4 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 [his or her] such defendant's own recognizance, released under condi- 6 tions, or had yet to be arraigned after the issuance of a desk appear- 7 ance ticket for a separate felony or class A misdemeanor involving harm 8 to an identifiable person or property, or any charge of criminal 9 possession of a firearm as defined in section 265.01-b of the penal law, 10 provided, however, that the prosecutor must show reasonable cause to 11 believe that the defendant committed the instant crime and any underly- 12 ing crime. For the purposes of this subparagraph, any of the underlying 13 crimes need not be a qualifying offense as defined in this subdivision. 14 For the purposes of this paragraph, "harm to an identifiable person or 15 property" shall include but not be limited to theft of or damage to 16 property. However, based upon a review of the facts alleged in the accu- 17 satory instrument, if the court determines that such theft is negligible 18 and does not appear to be in furtherance of other criminal activity, the 19 principal shall be released on [his or her] such principal's own recog- 20 nizance or under appropriate non-monetary conditions; [or] 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law[.]; 24 or 25 (v) aggravated harassment in the first degree as defined in section 26 240.31 of the penal law. 27 § 4. Subparagraph (xi) of paragraph (b) of subdivision 1 of section 28 150.20 of the criminal procedure law, as added by section 1 of subpart B 29 of part UU of chapter 56 of the laws of 2022, is amended to read as 30 follows: 31 (xi) the offense is a qualifying offense pursuant to paragraph (g) or 32 (t) of subdivision four of section 510.10 of this chapter, or pursuant 33 to paragraph (g) or (t) of subdivision four of section 530.40 of this 34 chapter. 35 § 5. Subdivision 3 of section 485.05 of the penal law, as amended by 36 section 2 of part C of chapter 55 of the laws of 2024, is amended to 37 read as follows: 38 3. A "specified offense" is an offense defined by any of the following 39 provisions of this chapter: section 120.00 (assault in the third 40 degree); section 120.05 (assault in the second degree); section 120.06 41 (gang assault in the second degree); section 120.07 (gang assault in the 42 first degree); section 120.10 (assault in the first degree); section 43 120.12 (aggravated assault upon a person less than eleven years old); 44 section 120.13 (menacing in the first degree); section 120.14 (menacing 45 in the second degree); section 120.15 (menacing in the third degree); 46 section 120.20 (reckless endangerment in the second degree); section 47 120.25 (reckless endangerment in the first degree); section 121.11 48 (criminal obstruction of breathing or blood circulation); section 121.12 49 (strangulation in the second degree); section 121.13 (strangulation in 50 the first degree); subdivision one of section 125.15 (manslaughter in 51 the second degree); subdivision one, two or four of section 125.20 52 (manslaughter in the first degree); section 125.25 (murder in the second 53 degree); section 125.26 (aggravated murder); section 125.27 (murder in 54 the first degree); section 120.45 (stalking in the fourth degree); 55 section 120.50 (stalking in the third degree); section 120.55 (stalking 56 in the second degree); section 120.60 (stalking in the first degree); 
 A. 9127 5 1 section 130.20 (sexual misconduct); section 130.25 (rape in the third 2 degree); section 130.30 (rape in the second degree); section 130.35 3 (rape in the first degree); former section 130.40; former section 4 130.45; former section 130.50; section 130.52 (forcible touching); 5 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 6 in the third degree); section 130.60 (sexual abuse in the second 7 degree); section 130.65 (sexual abuse in the first degree); section 8 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 9 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 10 vated sexual abuse in the second degree); section 130.70 (aggravated 11 sexual abuse in the first degree); section 135.05 (unlawful imprisonment 12 in the second degree); section 135.10 (unlawful imprisonment in the 13 first degree); section 135.20 (kidnapping in the second degree); section 14 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 15 third degree); section 135.61 (coercion in the second degree); section 16 135.65 (coercion in the first degree); section 140.10 (criminal trespass 17 in the third degree); section 140.15 (criminal trespass in the second 18 degree); section 140.17 (criminal trespass in the first degree); section 19 140.20 (burglary in the third degree); section 140.25 (burglary in the 20 second degree); section 140.30 (burglary in the first degree); section 21 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi- 22 nal mischief in the third degree); section 145.10 (criminal mischief in 23 the second degree); section 145.12 (criminal mischief in the first 24 degree); section 150.05 (arson in the fourth degree); section 150.10 25 (arson in the third degree); section 150.15 (arson in the second 26 degree); section 150.20 (arson in the first degree); section 155.25 27 (petit larceny); section 155.30 (grand larceny in the fourth degree); 28 section 155.35 (grand larceny in the third degree); section 155.40 29 (grand larceny in the second degree); section 155.42 (grand larceny in 30 the first degree); section 160.05 (robbery in the third degree); section 31 160.10 (robbery in the second degree); section 160.15 (robbery in the 32 first degree); section 230.34 (sex trafficking); section 230.34-a (sex 33 trafficking of a child); section 240.25 (harassment in the first 34 degree); subdivision one, two or four of section 240.30 (aggravated 35 harassment in the second degree); section 240.50 (falsely reporting an 36 incident in the third degree); section 240.55 (falsely reporting an 37 incident in the second degree); section 240.60 (falsely reporting an 38 incident in the first degree); subdivision one of section 265.03 (crimi- 39 nal possession of a weapon in the second degree); subdivision one of 40 section 265.04 (criminal possession of a weapon in the first degree); 41 section 490.10 (soliciting or providing support for an act of terrorism 42 in the second degree); section 490.15 (soliciting or providing support 43 for an act of terrorism in the first degree); section 490.20 (making a 44 terroristic threat); section 490.25 (crime of terrorism); section 490.30 45 (hindering prosecution of terrorism in the second degree); section 46 490.35 (hindering prosecution of terrorism in the first degree); section 47 490.37 (criminal possession of a chemical weapon or biological weapon in 48 the third degree); section 490.40 (criminal possession of a chemical 49 weapon or biological weapon in the second degree); section 490.45 (crim- 50 inal possession of a chemical weapon or biological weapon in the first 51 degree); section 490.47 (criminal use of a chemical weapon or biological 52 weapon in the third degree); section 490.50 (criminal use of a chemical 53 weapon or biological weapon in the second degree); section 490.55 (crim- 54 inal use of a chemical weapon or biological weapon in the first degree); 55 section 240.78 (making a threat of mass harm); section 240.79 (aggra- 
 A. 9127 6 1 vated threat of mass harm); or any attempt or conspiracy to commit any 2 of the foregoing offenses. 3 § 6. The closing paragraph of section 240.78 of the penal law, as 4 added by chapter 206 of the laws of 2022, is amended to read as follows: 5 Making a threat of mass harm is a class [B] A misdemeanor. 6 § 7. The closing paragraph of section 240.79 of the penal law, as 7 added by chapter 206 of the laws of 2022, is amended to read as follows: 8 Aggravated threat of mass harm is a class [A misdemeanor] E felony. 9 § 8. This act shall take effect on the thirtieth day after it shall 10 have become a law.