S 6932: Relates to hate crimes, as defined in article four hundred eighty-five of the penal law, and bail eligibility.

  
  STATE OF NEW YORK ________________________________________________________________________ 6932 2025-2026 Regular Sessions  IN SENATE March 27, 2025 ___________ Introduced by Sen. LANZA -- 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 hate crimes and bail eligibility 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, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this 19 paragraph, "harm to an identifiable person or property" shall include 20 but not be limited to theft of or damage to property. However, based 21 upon a review of the facts alleged in the accusatory instrument, if the 22 court determines that such theft is negligible and does not appear to be 23 in furtherance of other criminal activity, the principal shall be 24 released on [his or her] their own recognizance or under appropriate 25 non-monetary conditions; [or] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11094-02-5 
 S. 6932 2 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law[.]; 4 or 5 (v) a hate crime as defined in article four hundred eighty-five of the 6 penal law. 7 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 8 section 530.20 of the criminal procedure law, subparagraph (xx) as 9 amended and subparagraph (xxi) as added by section 4 of subpart C of 10 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 11 agraph (xxii) is added to read as follows: 12 (xx) any felony or class A misdemeanor involving harm to an identifi- 13 able person or property, or any charge of criminal possession of a 14 firearm as defined in section 265.01-b of the penal law where such 15 charge arose from conduct occurring while the defendant was released on 16 [his or her] their own recognizance, released under conditions, or had 17 yet to be arraigned after the issuance of a desk appearance ticket for a 18 separate felony or class A misdemeanor involving harm to an identifiable 19 person or property, provided, however, that the prosecutor must show 20 reasonable cause to believe that the defendant committed the instant 21 crime and any underlying crime. For the purposes of this subparagraph, 22 any of the underlying crimes need not be a qualifying offense as defined 23 in this subdivision. For the purposes of this paragraph, "harm to an 24 identifiable person or property" shall include but not be limited to 25 theft of or damage to property. However, based upon a review of the 26 facts alleged in the accusatory instrument, if the court determines that 27 such theft is negligible and does not appear to be in furtherance of 28 other criminal activity, the principal shall be released on [his or her] 29 their own recognizance or under appropriate non-monetary conditions; 30 [or] 31 (xxi) criminal possession of a weapon in the third degree as defined 32 in subdivision three of section 265.02 of the penal law or criminal sale 33 of a firearm to a minor as defined in section 265.16 of the penal 34 law[.]; or 35 (xxii) a hate crime as defined in article four hundred eighty-five of 36 the penal law. 37 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 38 criminal procedure law, paragraph (t) as amended and paragraph (u) as 39 added by section 4 of subpart B of part UU of chapter 56 of the laws of 40 2022, are amended and a new paragraph (v) is added to read as follows: 41 (t) any felony or class A misdemeanor involving harm to an identifi- 42 able person or property, or any charge of criminal possession of a 43 firearm as defined in section 265.01-b of the penal law, where such 44 charge arose from conduct occurring while the defendant was released on 45 [his or her] their own recognizance, released under conditions, or had 46 yet to be arraigned after the issuance of a desk appearance ticket for a 47 separate felony or class A misdemeanor involving harm to an identifiable 48 person or property, or any charge of criminal possession of a firearm as 49 defined in section 265.01-b of the penal law, provided, however, that 50 the prosecutor must show reasonable cause to believe that the defendant 51 committed the instant crime and any underlying crime. For the purposes 52 of this subparagraph, any of the underlying crimes need not be a quali- 53 fying offense as defined in this subdivision. For the purposes of this 54 paragraph, "harm to an identifiable person or property" shall include 55 but not be limited to theft of or damage to property. However, based 56 upon a review of the facts alleged in the accusatory instrument, if the 
 S. 6932 3 1 court determines that such theft is negligible and does not appear to be 2 in furtherance of other criminal activity, the principal shall be 3 released on [his or her] their own recognizance or under appropriate 4 non-monetary conditions; [or] 5 (u) criminal possession of a weapon in the third degree as defined in 6 subdivision three of section 265.02 of the penal law or criminal sale of 7 a firearm to a minor as defined in section 265.16 of the penal law[.]; 8 or 9 (v) a hate crime as defined in article four hundred eighty-five of 10 the penal law. 11 § 4. This act shall take effect immediately.