S 3295: Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.

  
  STATE OF NEW YORK ________________________________________________________________________ 3295 2025-2026 Regular Sessions  IN SENATE January 24, 2025 ___________ Introduced by Sen. 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 ensuring repeat offenders qualify for bail and pre-trial detention The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph and paragraphs (t) and (u) of subdi- 2 vision 4 of section 510.10 of the criminal procedure law, the opening 3 paragraph as amended by section 2 of subpart A of part VV of chapter 56 4 of the laws of 2023, paragraph (t) as amended and paragraph (u) as added 5 by section 2 of subpart B of part UU of chapter 56 of the laws of 2022, 6 are amended and a new paragraph (v) is added to read as follows: 7 Where the principal stands charged with a qualifying offense, the 8 court, unless otherwise prohibited by law, may in its discretion release 9 the principal pending trial on the principal's own recognizance or under 10 non-monetary conditions, fix bail, or order non-monetary conditions in 11 conjunction with fixing bail, or, where the defendant is charged with a 12 qualifying offense [which is a felony], the court may commit the princi- 13 pal to the custody of the sheriff. A principal stands charged with a 14 qualifying offense for the purposes of this subdivision when [he or she] 15 such principal stands charged with: 16 (t) any felony or class A misdemeanor involving harm to an identifi- 17 able person or property, or any charge of criminal possession of a 18 firearm as defined in section 265.01-b of the penal law, where such 19 charge arose from conduct occurring while the defendant was released on 20 [his or her] such defendant's own recognizance, released under condi- 21 tions, or had yet to be arraigned after the issuance of a desk appear- 22 ance ticket for a separate felony or class A misdemeanor involving harm 23 to an identifiable person or property, or any charge of criminal 24 possession of a firearm as defined in section 265.01-b of the penal law, 25 provided, however, that the prosecutor must show reasonable cause to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05528-01-5 
 S. 3295 2 1 believe that the defendant committed the instant crime and any underly- 2 ing crime. For the purposes of this subparagraph, any of the underlying 3 crimes need not be a qualifying offense as defined in this subdivision. 4 For the purposes of this paragraph, "harm to an identifiable person or 5 property" shall include but not be limited to theft of or damage to 6 property. However, based upon a review of the facts alleged in the accu- 7 satory instrument, if the court determines that such theft is negligible 8 and does not appear to be in furtherance of other criminal activity, the 9 principal shall be released on [his or her] such principal's own recog- 10 nizance or under appropriate non-monetary conditions; [or] 11 (u) criminal possession of a weapon in the third degree as defined in 12 subdivision three of section 265.02 of the penal law or criminal sale of 13 a firearm to a minor as defined in section 265.16 of the penal law[.]; 14 or 15 (v) a misdemeanor or felony offense and the principal has been 16 convicted of one or more misdemeanor or felony offenses within the imme- 17 diate preceding five years. 18 § 2. The opening paragraph and subparagraphs (xx) and (xxi) of para- 19 graph (b) of subdivision 1 of section 530.20 of the criminal procedure 20 law, the opening paragraph as amended by section 6 of subpart A of part 21 VV of chapter 56 of the laws of 2023, subparagraph (xx) as amended and 22 subparagraph (xxi) as added by section 4 of subpart C of part UU of 23 chapter 56 of the laws of 2022, are amended and a new subparagraph 24 (xxii) is added to read as follows: 25 Where the principal stands charged with a qualifying offense, the 26 court, unless otherwise prohibited by law, may in its discretion release 27 the principal pending trial on the principal's own recognizance or under 28 non-monetary conditions, fix bail, order non-monetary conditions in 29 conjunction with fixing bail, or, where the defendant is charged with a 30 qualifying offense [which is a felony], the court may commit the princi- 31 pal to the custody of the sheriff. The court shall explain its choice of 32 securing order on the record or in writing. A principal stands charged 33 with a qualifying offense when [he or she] such principal stands charged 34 with: 35 (xx) any felony or class A misdemeanor involving harm to an identifi- 36 able person or property, or any charge of criminal possession of a 37 firearm as defined in section 265.01-b of the penal law where such 38 charge arose from conduct occurring while the defendant was released on 39 [his or her] such defendant's own recognizance, released under condi- 40 tions, or had yet to be arraigned after the issuance of a desk appear- 41 ance ticket for a separate felony or class A misdemeanor involving harm 42 to an identifiable person or property, provided, however, that the 43 prosecutor must show reasonable cause to believe that the defendant 44 committed the instant crime and any underlying crime. For the purposes 45 of this subparagraph, any of the underlying crimes need not be a quali- 46 fying offense as defined in this subdivision. For the purposes of this 47 paragraph, "harm to an identifiable person or property" shall include 48 but not be limited to theft of or damage to property. However, based 49 upon a review of the facts alleged in the accusatory instrument, if the 50 court determines that such theft is negligible and does not appear to be 51 in furtherance of other criminal activity, the principal shall be 52 released on [his or her] such principal's own recognizance or under 53 appropriate non-monetary conditions; [or] 54 (xxi) criminal possession of a weapon in the third degree as defined 55 in subdivision three of section 265.02 of the penal law or criminal sale 
 S. 3295 3 1 of a firearm to a minor as defined in section 265.16 of the penal 2 law[.]; or 3 (xxii) a misdemeanor or felony offense and the principal has been 4 convicted of one or more misdemeanor or felony offenses within the imme- 5 diate preceding five years. 6 § 3. The opening paragraph and paragraphs (t) and (u) of subdivision 4 7 of section 530.40 of the criminal procedure law, the opening paragraph 8 as amended by section 8 of subpart A of part VV of chapter 56 of the 9 laws of 2023, paragraph (t) as amended and paragraph (u) as added by 10 section 4 of subpart B of part UU of chapter 56 of the laws of 2022, are 11 amended and a new paragraph (v) is added to read as follows: 12 Where the principal stands charged with a qualifying offense, the 13 court, unless otherwise prohibited by law, may in its discretion, and in 14 accordance with section 510.10 of this title, release the principal 15 pending trial on the principal's own recognizance or under non-monetary 16 conditions, fix bail, or order non-monetary conditions in conjunction 17 with fixing bail, or, where the defendant is charged with a qualifying 18 offense [which is a felony], the court may commit the principal to the 19 custody of the sheriff. The court shall explain the basis for its deter- 20 mination and its choice of securing order on the record or in writing. A 21 principal stands charged with a qualifying offense for the purposes of 22 this subdivision when [he or she] such principal stands charged with: 23 (t) any felony or class A misdemeanor involving harm to an identifi- 24 able person or property, or any charge of criminal possession of a 25 firearm as defined in section 265.01-b of the penal law, where such 26 charge arose from conduct occurring while the defendant was released on 27 [his or her] such defendant's own recognizance, released under condi- 28 tions, or had yet to be arraigned after the issuance of a desk appear- 29 ance ticket for a separate felony or class A misdemeanor involving harm 30 to an identifiable person or property, or any charge of criminal 31 possession of a firearm as defined in section 265.01-b of the penal law, 32 provided, however, that the prosecutor must show reasonable cause to 33 believe that the defendant committed the instant crime and any underly- 34 ing crime. For the purposes of this subparagraph, any of the underlying 35 crimes need not be a qualifying offense as defined in this subdivision. 36 For the purposes of this paragraph, "harm to an identifiable person or 37 property" shall include but not be limited to theft of or damage to 38 property. However, based upon a review of the facts alleged in the accu- 39 satory instrument, if the court determines that such theft is negligible 40 and does not appear to be in furtherance of other criminal activity, the 41 principal shall be released on [his or her] such principal's own recog- 42 nizance or under appropriate non-monetary conditions; [or] 43 (u) criminal possession of a weapon in the third degree as defined in 44 subdivision three of section 265.02 of the penal law or criminal sale of 45 a firearm to a minor as defined in section 265.16 of the penal law[.]; 46 or 47 (v) a misdemeanor or felony offense and the principal has been 48 convicted of one or more misdemeanor or felony offenses within the imme- 49 diate preceding five years. 50 § 4. This act shall take effect immediately.