S 459: Allows judges more options for when to impose bail or commit the principal to the custody of the sheriff for burglary in the second degree, robbery in the second degree and crimes which resulted in death or serious physical injury.

  
  STATE OF NEW YORK ________________________________________________________________________ 459 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. PALUMBO -- 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 allowing judges more options for when to impose bail or commit the principal to the custody of the sheriff The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 4 of section 510.10 of the 2 criminal procedure law, as amended by section 2 of part UU of chapter 56 3 of the laws of 2020, is amended and a new paragraph (j-1) is added to 4 read as follows: 5 (a) a felony enumerated in section 70.02 of the penal law[, other than 6 robbery in the second degree as defined in subdivision one of section 7 160.10 of the penal law], provided, however, that burglary in the second 8 degree as defined in subdivision two of section 140.25 of the penal law 9 shall be a qualifying offense only where the defendant is charged with 10 entering the living area of the dwelling; 11 (j-1) a crime which resulted in death or serious physical injury; 12 § 2. Subparagraph (i) of paragraph (b) of subdivision 1 of section 13 530.20 of the criminal procedure law, as amended by section 3 of part UU 14 of chapter 56 of the laws of 2020, is amended and a new subparagraph 15 (x-1) is added to read as follows: 16 (i) a felony enumerated in section 70.02 of the penal law[, other than 17 robbery in the second degree as defined in subdivision one of section 18 160.10 of the penal law], provided, however, that burglary in the second 19 degree as defined in subdivision two of section 140.25 of the penal law 20 shall be a qualifying offense only where the defendant is charged with 21 entering the living area of the dwelling; 22 (x-1) a crime which resulted in death or serious physical injury; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00628-01-5 
 S. 459 2 1 § 3. Paragraph (a) of subdivision 4 of section 530.40 of the criminal 2 procedure law, as amended by section 4 of part UU of chapter 56 of the 3 laws of 2020, is amended and a new paragraph (j-1) is added to read as 4 follows: 5 (a) a felony enumerated in section 70.02 of the penal law[, other than 6 robbery in the second degree as defined in subdivision one of section 7 160.10 of the penal law], provided, however, that burglary in the second 8 degree as defined in subdivision two of section 140.25 of the penal law 9 shall be a qualifying offense only where the defendant is charged with 10 entering the living area of the dwelling; 11 (j-1) a crime which resulted in death or serious physical injury; 12 § 4. This act shall take effect on the first of November next succeed- 13 ing the date upon which it shall have become a law.