S 6366: Authorizes the imposition of bail for certain offenses involving threats of mass harm against a school district, school, school staff or a student.

  
  STATE OF NEW YORK ________________________________________________________________________ 6366 2025-2026 Regular Sessions  IN SENATE March 11, 2025 ___________ Introduced by Sen. OBERACKER -- 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 authorizing bail for certain offenses involving violent threats against a school district, school, school staff or a student The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (t) as amended and paragraph 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the 4 laws of 2022, are amended and a new paragraph (v) is added to read as 5 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] paragraph, any of the underlying crimes need not 18 be a qualifying offense as defined in this subdivision. For the purposes 19 of this paragraph, "harm to an identifiable person or property" shall 20 include but not be limited to theft of or damage to property. However, 21 based upon a review of the facts alleged in the accusatory instrument, 22 if the court determines that such theft is negligible and does not 23 appear to be in furtherance of other criminal activity, the principal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09603-01-5 
 S. 6366 2 1 shall be released on [his or her] their own recognizance or under appro- 2 priate 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) aggravated harassment in the second degree as defined in section 8 240.30 of the penal law, aggravated harassment in the first degree as 9 defined in section 240.31 of the penal law, making a threat of mass harm 10 as defined in section 240.78 of the penal law or aggravated threat of 11 mass harm as defined in section 240.79 of the penal law, and is alleged 12 to have committed such offense against a school district, school, school 13 staff or a student. 14 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 15 section 530.20 of the criminal procedure law, subparagraph (xx) as 16 amended and subparagraph (xxi) as added by section 4 of subpart C of 17 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 18 agraph (xxii) is added to read as follows: 19 (xx) any felony or class A misdemeanor involving harm to an identifi- 20 able person or property, or any charge of criminal possession of a 21 firearm as defined in section 265.01-b of the penal law where such 22 charge arose from conduct occurring while the defendant was released on 23 [his or her] their own recognizance, released under conditions, or had 24 yet to be arraigned after the issuance of a desk appearance ticket for a 25 separate felony or class A misdemeanor involving harm to an identifiable 26 person or property, provided, however, that the prosecutor must show 27 reasonable cause to believe that the defendant committed the instant 28 crime and any underlying crime. For the purposes of this subparagraph, 29 any of the underlying crimes need not be a qualifying offense as defined 30 in this subdivision. For the purposes of this [paragraph] subparagraph, 31 "harm to an identifiable person or property" shall include but not be 32 limited to theft of or damage to property. However, based upon a review 33 of the facts alleged in the accusatory instrument, if the court deter- 34 mines that such theft is negligible and does not appear to be in furth- 35 erance of other criminal activity, the principal shall be released on 36 [his or her] their own recognizance or under appropriate non-monetary 37 conditions; [or] 38 (xxi) criminal possession of a weapon in the third degree as defined 39 in subdivision three of section 265.02 of the penal law or criminal sale 40 of a firearm to a minor as defined in section 265.16 of the penal 41 law[.]; or 42 (xxii) aggravated harassment in the second degree as defined in 43 section 240.30 of the penal law, aggravated harassment in the first 44 degree as defined in section 240.31 of the penal law, making a threat of 45 mass harm as defined in section 240.78 of the penal law or aggravated 46 threat of mass harm as defined in section 240.79 of the penal law, and 47 is alleged to have committed such offense against a school district, 48 school, school staff or a student. 49 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 50 criminal procedure law, paragraph (t) as amended and paragraph (u) as 51 added by section 4 of subpart B of part UU of chapter 56 of the laws of 52 2022, are amended and a new paragraph (v) is added to read as follows: 53 (t) any felony or class A misdemeanor involving harm to an identifi- 54 able person or property, or any charge of criminal possession of a 55 firearm as defined in section 265.01-b of the penal law, where such 56 charge arose from conduct occurring while the defendant was released on 
 S. 6366 3 1 [his or her] their own recognizance, released under conditions, or had 2 yet to be arraigned after the issuance of a desk appearance ticket for a 3 separate felony or class A misdemeanor involving harm to an identifiable 4 person or property, or any charge of criminal possession of a firearm as 5 defined in section 265.01-b of the penal law, provided, however, that 6 the prosecutor must show reasonable cause to believe that the defendant 7 committed the instant crime and any underlying crime. For the purposes 8 of this [subparagraph] paragraph, any of the underlying crimes need not 9 be a qualifying offense as defined in this subdivision. For the purposes 10 of this paragraph, "harm to an identifiable person or property" shall 11 include but not be limited to theft of or damage to property. However, 12 based upon a review of the facts alleged in the accusatory instrument, 13 if the court determines that such theft is negligible and does not 14 appear to be in furtherance of other criminal activity, the principal 15 shall be released on [his or her] their own recognizance or under appro- 16 priate non-monetary conditions; [or] 17 (u) criminal possession of a weapon in the third degree as defined in 18 subdivision three of section 265.02 of the penal law or criminal sale of 19 a firearm to a minor as defined in section 265.16 of the penal law[.]; 20 or 21 (v) aggravated harassment in the second degree as defined in section 22 240.30 of the penal law, aggravated harassment in the first degree as 23 defined in section 240.31 of the penal law, making a threat of mass harm 24 as defined in section 240.78 of the penal law or aggravated threat of 25 mass harm as defined in section 240.79 of the penal law, and is alleged 26 to have committed such offense against a school district, school, school 27 staff or a student. 28 § 4. This act shall take effect immediately.