S 32: Relates to setting bail for dangerous defendants who pose a threat to public safety; requires a court to make an individualized determination based on the principal's record of a prior felony conviction, failure to appear in court or arrest during the interim period while awaiting a preliminary hearing or trial.

  
  STATE OF NEW YORK ________________________________________________________________________ 32 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. TEDISCO, BORRELLO, GRIFFO, HELMING, OBERACKER, O'MARA, ORTT, STEC, 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 setting bail for defendants who pose a threat to public safety The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 510.10 of the criminal procedure 2 law, as amended by section 1 of subpart C of part UU of chapter 56 of 3 the laws of 2022 and the opening paragraph as amended by section 2 of 4 subpart A of part VV of chapter 56 of the laws of 2023, is amended to 5 read as follows: 6 1. When a principal, whose future court attendance at a criminal 7 action or proceeding is or may be required, comes under the control of a 8 court, such court shall impose a securing order in accordance with this 9 title. Except as otherwise required by law, the court shall make an 10 individualized determination as to whether the principal poses a risk of 11 flight to avoid prosecution, consider the kind and degree of control or 12 restriction necessary to reasonably assure the principal's return to 13 court, and select a securing order consistent with its determination 14 under this subdivision or the court shall make an individualized deter- 15 mination based on the principal's record of a prior felony conviction, 16 a failure to appear in court or if the principal is arrested during the 17 interim period while awaiting a preliminary hearing or trial and 18 select a securing order consistent with its determination under this 19 subdivision. The court shall explain the basis for its determination and 20 its choice of securing order on the record or in writing. In making a 21 determination under this subdivision, the court must consider and take 22 into account available information about the principal, including: 23 (a) The principal's activities and history; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00129-01-5 
 S. 32 2 1 (b) If the principal is a defendant, the charges facing the principal; 2 (c) The principal's criminal conviction record if any; 3 (d) The principal's record of previous adjudication as a juvenile 4 delinquent, as retained pursuant to section 354.1 of the family court 5 act, or, of pending cases where fingerprints are retained pursuant to 6 section 306.1 of such act, or a youthful offender, if any; 7 (e) The principal's previous record with respect to flight to avoid 8 criminal prosecution; 9 (f) If monetary bail is authorized, according to the restrictions set 10 forth in this title, the principal's individual financial circumstances, 11 and, in cases where bail is authorized, the principal's ability to post 12 bail without posing undue hardship, as well as [his or her] the princi- 13 pal's ability to obtain a secured, unsecured, or partially secured bond; 14 (g) Any violation by the principal of an order of protection issued by 15 any court; 16 (h) The principal's history of use or possession of a firearm; 17 (i) Whether the charge is alleged to have caused serious harm to an 18 individual or group of individuals; and 19 (j) If the principal is a defendant, in the case of an application for 20 a securing order pending appeal, the merit or lack of merit of the 21 appeal. 22 § 2. This act shall take effect immediately.