S 1748: Authorizes bail and pre-trial detention for all arson felonies.

  
  STATE OF NEW YORK ________________________________________________________________________ 1748 2025-2026 Regular Sessions  IN SENATE January 13, 2025 ___________ Introduced by Sen. OBERACKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to securing orders for principals charged with arson felony offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Billy's law". 2 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 3 criminal procedure law, paragraph (t) as amended and paragraph (u) as 4 added by section 2 of subpart B of part UU of chapter 56 of the laws of 5 2022, are amended and a new paragraph (v) is added 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] 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] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00083-01-5 
 S. 1748 2 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law[.]; 4 or 5 (v) arson in the fourth degree as defined in section 150.05 of the 6 penal law or arson in the third degree as defined in section 150.10 of 7 the penal law. 8 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 9 section 530.20 of the criminal procedure law, subparagraph (xx) as 10 amended and subparagraph (xxi) as added by section 4 of subpart C of 11 part UU of chapter 56 of the laws of 2022, are amended and a new 12 subparagraph (xxii) is added to read as follows: 13 (xx) any felony or class A misdemeanor involving harm to an identifi- 14 able person or property, or any charge of criminal possession of a 15 firearm as defined in section 265.01-b of the penal law where such 16 charge arose from conduct occurring while the defendant was released on 17 [his or her] their own recognizance, released under conditions, or had 18 yet to be arraigned after the issuance of a desk appearance ticket for a 19 separate felony or class A misdemeanor involving harm to an identifiable 20 person or property, provided, however, that the prosecutor must show 21 reasonable cause to believe that the defendant committed the instant 22 crime and any underlying crime. For the purposes of this subparagraph, 23 any of the underlying crimes need not be a qualifying offense as defined 24 in this subdivision. For the purposes of this paragraph, "harm to an 25 identifiable person or property" shall include but not be limited to 26 theft of or damage to property. However, based upon a review of the 27 facts alleged in the accusatory instrument, if the court determines that 28 such theft is negligible and does not appear to be in furtherance of 29 other criminal activity, the principal shall be released on [his or her] 30 their own recognizance or under appropriate non-monetary conditions; 31 [or] 32 (xxi) criminal possession of a weapon in the third degree as defined 33 in subdivision three of section 265.02 of the penal law or criminal sale 34 of a firearm to a minor as defined in section 265.16 of the penal 35 law[.]; or 36 (xxii) arson in the fourth degree as defined in section 150.05 of the 37 penal law or arson in the third degree as defined in section 150.10 of 38 the penal law. 39 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 40 criminal procedure law, paragraph (t) as amended and paragraph (u) as 41 added by section 4 of subpart B of part UU of chapter 56 of the laws of 42 2022, are amended and a new paragraph (v) is added to read as follows: 43 (t) any felony or class A misdemeanor involving harm to an identifi- 44 able person or property, or any charge of criminal possession of a 45 firearm as defined in section 265.01-b of the penal law, where such 46 charge arose from conduct occurring while the defendant was released on 47 [his or her] their own recognizance, released under conditions, or had 48 yet to be arraigned after the issuance of a desk appearance ticket for a 49 separate felony or class A misdemeanor involving harm to an identifiable 50 person or property, or any charge of criminal possession of a firearm as 51 defined in section 265.01-b of the penal law, provided, however, that 52 the prosecutor must show reasonable cause to believe that the defendant 53 committed the instant crime and any underlying crime. For the purposes 54 of this subparagraph, any of the underlying crimes need not be a quali- 55 fying offense as defined in this subdivision. For the purposes of this 56 paragraph, "harm to an identifiable person or property" shall include 
 S. 1748 3 1 but not be limited to theft of or damage to property. However, based 2 upon a review of the facts alleged in the accusatory instrument, if the 3 court determines that such theft is negligible and does not appear to be 4 in furtherance of other criminal activity, the principal shall be 5 released on [his or her] their own recognizance or under appropriate 6 non-monetary conditions; [or] 7 (u) criminal possession of a weapon in the third degree as defined in 8 subdivision three of section 265.02 of the penal law or criminal sale of 9 a firearm to a minor as defined in section 265.16 of the penal law[.]; 10 or 11 (v) arson in the fourth degree as defined in section 150.05 of the 12 penal law or arson in the third degree as defined in section 150.10 of 13 the penal law. 14 § 5. This act shall take effect on the ninetieth day after it shall 15 have become a law.