S 10679: Includes certain violations involving physical, psychological, or emotional harm to a child as qualifying offenses for the purpose of imposing bail.

  
  STATE OF NEW YORK ________________________________________________________________________ 10679  IN SENATE August 14, 2026 ___________ Introduced by Sen. MURRAY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to including certain violations involving children as qualifying offenses for the purpose of imposing bail 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 a new paragraph (v) is added to read as 5 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] their own recognizance, released under conditions, or had 11 yet to be arraigned after the issuance of a desk appearance ticket for a 12 separate felony or class A misdemeanor involving harm to an identifiable 13 person or property, or any charge of criminal possession of a firearm as 14 defined in section 265.01-b of the penal law, provided, however, that 15 the prosecutor must show reasonable cause to believe that the defendant 16 committed the instant crime and any underlying crime. For the purposes 17 of this subparagraph, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this 19 paragraph, "harm to an identifiable person or property" shall include 20 but not be limited to theft of or damage to property. However, based 21 upon a review of the facts alleged in the accusatory instrument, if the 22 court determines that such theft is negligible and does not appear to be 23 in furtherance of other criminal activity, the principal shall be 24 released on [his or her] their own recognizance or under appropriate 25 non-monetary conditions; [or] 26 (u) criminal possession of a weapon in the third degree as defined in 27 subdivision three of section 265.02 of the penal law or criminal sale of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16281-01-6 
 S. 10679 2 1 a firearm to a minor as defined in section 265.16 of the penal law[.]; 2 or 3 (v) any crime where the principal is alleged to have caused physical, 4 psychological, or emotional harm to a child less than eighteen years 5 old. 6 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 7 section 530.20 of the criminal procedure law, subparagraph (xx) as 8 amended and subparagraph (xxi) as added by section 4 of subpart C of 9 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 10 agraph (xxii) is added to read as follows: 11 (xx) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, or any charge of criminal possession of a 13 firearm as defined in section 265.01-b of the penal law where such 14 charge arose from conduct occurring while the defendant was released on 15 [his or her] their own recognizance, released under conditions, or had 16 yet to be arraigned after the issuance of a desk appearance ticket for a 17 separate felony or class A misdemeanor involving harm to an identifiable 18 person or property, provided, however, that the prosecutor must show 19 reasonable cause to believe that the defendant committed the instant 20 crime and any underlying crime. For the purposes of this subparagraph, 21 any of the underlying crimes need not be a qualifying offense as defined 22 in this subdivision. For the purposes of this paragraph, "harm to an 23 identifiable person or property" shall include but not be limited to 24 theft of or damage to property. However, based upon a review of the 25 facts alleged in the accusatory instrument, if the court determines that 26 such theft is negligible and does not appear to be in furtherance of 27 other criminal activity, the principal shall be released on [his or her] 28 their own recognizance or under appropriate non-monetary conditions; 29 [or] 30 (xxi) criminal possession of a weapon in the third degree as defined 31 in subdivision three of section 265.02 of the penal law or criminal sale 32 of a firearm to a minor as defined in section 265.16 of the penal 33 law[.]; or 34 (xxii) any crime where the principal is alleged to have caused phys- 35 ical, psychological, or emotional harm to a child less than eighteen 36 years old. 37 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 38 criminal procedure law, paragraph (t) as amended and paragraph (u) as 39 added by section 4 of subpart B of part UU of chapter 56 of the laws of 40 2022, are amended and a new paragraph (v) is added to read as follows: 41 (t) any felony or class A misdemeanor involving harm to an identifi- 42 able person or property, or any charge of criminal possession of a 43 firearm as defined in section 265.01-b of the penal law, where such 44 charge arose from conduct occurring while the defendant was released on 45 [his or her] their own recognizance, released under conditions, or had 46 yet to be arraigned after the issuance of a desk appearance ticket for a 47 separate felony or class A misdemeanor involving harm to an identifiable 48 person or property, or any charge of criminal possession of a firearm as 49 defined in section 265.01-b of the penal law, provided, however, that 50 the prosecutor must show reasonable cause to believe that the defendant 51 committed the instant crime and any underlying crime. For the purposes 52 of this subparagraph, any of the underlying crimes need not be a quali- 53 fying offense as defined in this subdivision. For the purposes of this 54 paragraph, "harm to an identifiable person or property" shall include 55 but not be limited to theft of or damage to property. However, based 56 upon a review of the facts alleged in the accusatory instrument, if the 
 S. 10679 3 1 court determines that such theft is negligible and does not appear to be 2 in furtherance of other criminal activity, the principal shall be 3 released on [his or her] their own recognizance or under appropriate 4 non-monetary conditions; [or] 5 (u) criminal possession of a weapon in the third degree as defined in 6 subdivision three of section 265.02 of the penal law or criminal sale of 7 a firearm to a minor as defined in section 265.16 of the penal law[.]; 8 or 9 (v) any crime where the principal is alleged to have caused physical, 10 psychological, or emotional harm to a child less than eighteen years 11 old. 12 § 4. This act shall take effect immediately.