S 8163: 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 ________________________________________________________________________ 8163 2025-2026 Regular Sessions  IN SENATE May 16, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- 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 threats of mass harm 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. LBD09603-04-5 
 S. 8163 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, aggravated threat of mass 11 harm as defined in section 240.79 of the penal law or, notwithstanding 12 the provisions of paragraph (g) of this subdivision, making a terroris- 13 tic threat as defined in section 490.20 of the penal law, and is alleged 14 to have committed such offense against a school district, school, school 15 staff or a student. 16 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 17 section 530.20 of the criminal procedure law, subparagraph (xx) as 18 amended and subparagraph (xxi) as added by section 4 of subpart C of 19 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 20 agraph (xxii) is added to read as follows: 21 (xx) any felony or class A misdemeanor involving harm to an identifi- 22 able person or property, or any charge of criminal possession of a 23 firearm as defined in section 265.01-b of the penal law where such 24 charge arose from conduct occurring while the defendant was released on 25 [his or her] their own recognizance, released under conditions, or had 26 yet to be arraigned after the issuance of a desk appearance ticket for a 27 separate felony or class A misdemeanor involving harm to an identifiable 28 person or property, provided, however, that the prosecutor must show 29 reasonable cause to believe that the defendant committed the instant 30 crime and any underlying crime. For the purposes of this subparagraph, 31 any of the underlying crimes need not be a qualifying offense as defined 32 in this subdivision. For the purposes of this [paragraph] subparagraph, 33 "harm to an identifiable person or property" shall include but not be 34 limited to theft of or damage to property. However, based upon a review 35 of the facts alleged in the accusatory instrument, if the court deter- 36 mines that such theft is negligible and does not appear to be in furth- 37 erance of other criminal activity, the principal shall be released on 38 [his or her] their own recognizance or under appropriate non-monetary 39 conditions; [or] 40 (xxi) criminal possession of a weapon in the third degree as defined 41 in subdivision three of section 265.02 of the penal law or criminal sale 42 of a firearm to a minor as defined in section 265.16 of the penal 43 law[.]; or 44 (xxii) aggravated harassment in the second degree as defined in 45 section 240.30 of the penal law, aggravated harassment in the first 46 degree as defined in section 240.31 of the penal law, making a threat of 47 mass harm as defined in section 240.78 of the penal law, aggravated 48 threat of mass harm as defined in section 240.79 of the penal law or, 49 notwithstanding the provisions of subparagraph (vii) of this paragraph, 50 making a terroristic threat as defined in section 490.20 of the penal 51 law, and is alleged to have committed such offense against a school 52 district, school, school staff or a student. 53 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 54 criminal procedure law, paragraph (t) as amended and paragraph (u) as 55 added by section 4 of subpart B of part UU of chapter 56 of the laws of 56 2022, are amended and a new paragraph (v) is added to read as follows: 
 S. 8163 3 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 [his or her] their own recognizance, released under conditions, or had 6 yet to be arraigned after the issuance of a desk appearance ticket for a 7 separate felony or class A misdemeanor involving harm to an identifiable 8 person or property, or any charge of criminal possession of a firearm as 9 defined in section 265.01-b of the penal law, provided, however, that 10 the prosecutor must show reasonable cause to believe that the defendant 11 committed the instant crime and any underlying crime. For the purposes 12 of this [subparagraph] paragraph, any of the underlying crimes need not 13 be a qualifying offense as defined in this subdivision. For the purposes 14 of this paragraph, "harm to an identifiable person or property" shall 15 include but not be limited to theft of or damage to property. However, 16 based upon a review of the facts alleged in the accusatory instrument, 17 if the court determines that such theft is negligible and does not 18 appear to be in furtherance of other criminal activity, the principal 19 shall be released on [his or her] their own recognizance or under appro- 20 priate non-monetary conditions; [or] 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law[.]; 24 or 25 (v) aggravated harassment in the second degree as defined in section 26 240.30 of the penal law, aggravated harassment in the first degree as 27 defined in section 240.31 of the penal law, making a threat of mass harm 28 as defined in section 240.78 of the penal law, aggravated threat of mass 29 harm as defined in section 240.79 of the penal law or, notwithstanding 30 the provisions of paragraph (g) of this subdivision, making a terroris- 31 tic threat as defined in section 490.20 of the penal law, and is alleged 32 to have committed such offense against a school district, school, school 33 staff or a student. 34 § 4. This act shall take effect immediately.