S 578: Authorizes a court to set bail or commit a principal to custody where the principal has been designated a sex offender.

  
  STATE OF NEW YORK ________________________________________________________________________ 578 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. HELMING -- 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 offenses for which a court may fix bail or commit a principal to 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. Subdivision 1 of section 510.10 of the criminal procedure 2 law is amended by adding a new paragraph (e-1) to read as follows: 3 (e-1) The principal has been designated a sex offender under arti- 4 cle six-C of the correction law; 5 § 1-a. Subdivision 3 of section 510.10 of the criminal procedure law, 6 as amended by section 2 of subpart A of part VV of chapter 56 of the 7 laws of 2023, is amended to read as follows: 8 3. In cases other than as described in subdivision four of this 9 section, the court shall release the principal pending trial on the 10 principal's own recognizance, unless the court finds on the record or in 11 writing that: (a) release on the principal's own recognizance will not 12 reasonably assure the principal's return to court; or (b) that the prin- 13 cipal has been designated as a sex offender under article six-C of the 14 correction law. In such instances, the court shall release the principal 15 under non-monetary conditions as provided for in subdivision three-a of 16 section 500.10 of this title that will reasonably assure the principal's 17 return to court; provided, however, where the principal has been desig- 18 nated a sex offender under article six-C of the correction law, the 19 court may in its discretion fix bail or commit the principal to the 20 custody of the sheriff. The court shall explain its [choice of securing 21 order] determination and conditions on the record or in writing. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01262-01-5 
 S. 578 2 1 § 2. Paragraph (b) of subdivision 1 of section 530.20 of the criminal 2 procedure law is amended by adding a new subparagraph (v-1) to read as 3 follows: 4 (v-1) a sex offense under article six-C of the correction law and has 5 been designated a sex offender; 6 § 3. Subdivision 4 of section 530.40 of the criminal procedure law is 7 amended by adding a new paragraph (e-1) to read as follows: 8 (e-1) a sex offense under article six-C of the correction law and has 9 been designated a sex offender; 10 § 4. This act shall take effect on the thirtieth day after it shall 11 have become a law.