S 7015: Authorizes crimes committed by members of street gangs or a criminal enterprise to be eligible for bail.

  
  STATE OF NEW YORK ________________________________________________________________________ 7015 2025-2026 Regular Sessions  IN SENATE March 28, 2025 ___________ Introduced by Sen. CANZONERI-FITZPATRICK -- 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 crimes committed by members of street gangs or a criminal enterprise to be eligible for bail 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04676-02-5 
 S. 7015 2 1 released on [his or her] their own recognizance or under appropriate 2 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) any misdemeanor or felony offense and there is reasonable cause to 8 believe the principal is associated with a criminal street gang, as 9 defined in section 10-170 of the administrative code of the city of New 10 York or a criminal enterprise, as defined in section 460.10 of the penal 11 law and there is reasonable cause to believe the offense is connected to 12 criminal street gang or criminal enterprise activity. 13 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 14 section 530.20 of the criminal procedure law, subparagraph (xx) as 15 amended and subparagraph (xxi) as added by section 4 of subpart C of 16 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 17 agraph (xxii) is added to read as follows: 18 (xx) any felony or class A misdemeanor involving harm to an identifi- 19 able person or property, or any charge of criminal possession of a 20 firearm as defined in section 265.01-b of the penal law where such 21 charge arose from conduct occurring while the defendant was released on 22 [his or her] their own recognizance, released under conditions, or had 23 yet to be arraigned after the issuance of a desk appearance ticket for a 24 separate felony or class A misdemeanor involving harm to an identifiable 25 person or property, provided, however, that the prosecutor must show 26 reasonable cause to believe that the defendant committed the instant 27 crime and any underlying crime. For the purposes of this subparagraph, 28 any of the underlying crimes need not be a qualifying offense as defined 29 in this subdivision. For the purposes of this paragraph, "harm to an 30 identifiable person or property" shall include but not be limited to 31 theft of or damage to property. However, based upon a review of the 32 facts alleged in the accusatory instrument, if the court determines that 33 such theft is negligible and does not appear to be in furtherance of 34 other criminal activity, the principal shall be released on [his or her] 35 their own recognizance or under appropriate non-monetary conditions; 36 [or] 37 (xxi) criminal possession of a weapon in the third degree as defined 38 in subdivision three of section 265.02 of the penal law or criminal sale 39 of a firearm to a minor as defined in section 265.16 of the penal 40 law[.]; or 41 (xxii) any misdemeanor or felony offense and there is reasonable cause 42 to believe the principal is associated with a criminal street gang, as 43 defined in section 10-170 of the administrative code of the city of New 44 York or a criminal enterprise, as defined in section 460.10 of the penal 45 law and there is reasonable cause to believe the offense is connected to 46 criminal street gang or criminal enterprise activity. 47 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 48 criminal procedure law, paragraph (t) as amended and paragraph (u) as 49 added by section 4 of subpart B of part UU of chapter 56 of the laws of 50 2022, are amended and a new paragraph (v) is added to read as follows: 51 (t) any felony or class A misdemeanor involving harm to an identifi- 52 able person or property, or any charge of criminal possession of a 53 firearm as defined in section 265.01-b of the penal law, where such 54 charge arose from conduct occurring while the defendant was released on 55 [his or her] their own recognizance, released under conditions, or had 56 yet to be arraigned after the issuance of a desk appearance ticket for a 
 S. 7015 3 1 separate felony or class A misdemeanor involving harm to an identifiable 2 person or property, or any charge of criminal possession of a firearm as 3 defined in section 265.01-b of the penal law, provided, however, that 4 the prosecutor must show reasonable cause to believe that the defendant 5 committed the instant crime and any underlying crime. For the purposes 6 of this subparagraph, any of the underlying crimes need not be a quali- 7 fying offense as defined in this subdivision. For the purposes of this 8 paragraph, "harm to an identifiable person or property" shall include 9 but not be limited to theft of or damage to property. However, based 10 upon a review of the facts alleged in the accusatory instrument, if the 11 court determines that such theft is negligible and does not appear to be 12 in furtherance of other criminal activity, the principal shall be 13 released on [his or her] their own recognizance or under appropriate 14 non-monetary conditions; [or] 15 (u) criminal possession of a weapon in the third degree as defined in 16 subdivision three of section 265.02 of the penal law or criminal sale of 17 a firearm to a minor as defined in section 265.16 of the penal law[.]; 18 or 19 (v) any misdemeanor or felony offense and there is reasonable cause to 20 believe the principal is associated with a criminal street gang, as 21 defined in section 10-170 of the administrative code of the city of New 22 York or a criminal enterprise, as defined in section 460.10 of the penal 23 law and there is reasonable cause to believe the offense is connected to 24 criminal street gang or criminal enterprise activity. 25 § 4. This act shall take effect immediately.