S 18: Authorizes bail and pre-trial detention for all arson felonies.

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