Bill Text: NY A02357 | 2025-2026 | General Assembly | Introduced
Bill Title: Authorizes the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the custody of the sheriff.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-16 - referred to codes [A02357 Detail]
Download: New_York-2025-A02357-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2357 2025-2026 Regular Sessions IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. EICHENSTEIN -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the 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. Paragraph (u) of subdivision 4 of section 510.10 of the 2 criminal procedure law, as added by section 2 of subpart B of part UU of 3 chapter 56 of the laws of 2022, is amended to read as follows: 4 (u) criminal possession of a weapon in the third degree as defined in 5 subdivision three of section 265.02 of the penal law or criminal sale of 6 a firearm to a minor as defined in section 265.16 of the penal law or 7 any other felony offense involving criminal possession of a firearm or 8 criminal possession of a weapon in violation of article two hundred 9 sixty-five of the penal law. 10 § 2. Section 510.10 of the criminal procedure law is amended by adding 11 a new subdivision 7 to read as follows: 12 7. When the principal is charged with a crime as defined in article 13 two hundred sixty-five of the penal law that involves a machine-gun, 14 firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or 15 assault weapon, the court may in its discretion release the principal 16 pending trial on the principal's own recognizance or under non-monetary 17 conditions, fix bail, or the court may commit the principal to the 18 custody of the sheriff without considering the likelihood that the 19 defendant will return for court or selecting the least restrictive means 20 necessary to ensure their return to court. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02225-01-5A. 2357 2 1 § 3. The opening paragraph of subdivision 1 of section 510.30 of the 2 criminal procedure law, as amended by section 4 of subpart A of part VV 3 of chapter 56 of the laws of 2023, is amended to read as follows: 4 With respect to any principal, the court [in all cases], unless other- 5 wise provided by law, must impose a securing order in accordance with 6 section 510.10 of this article, and shall explain the basis for its 7 determination and choice of securing order on the record or in writing. 8 § 4. Section 510.30 of the criminal procedure law is amended by adding 9 a new subdivision 4 to read as follows: 10 4. When the principal is charged with a crime as defined in article 11 two hundred sixty-five of the penal law that involves a machine-gun, 12 firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or 13 assault weapon, the court may in its discretion release the principal 14 pending trial on the principal's own recognizance or under non-monetary 15 conditions, fix bail, or the court may commit the principal to the 16 custody of the sheriff without considering the likelihood that the 17 defendant will return for court or selecting the least restrictive means 18 necessary to ensure their return to court. 19 § 5. Subparagraph (xxi) of paragraph (b) of subdivision 1 of section 20 530.20 of the criminal procedure law, as amended by section 4 of subpart 21 C of part UU of chapter 56 of the laws of 2022, is amended to read as 22 follows: 23 (xxi) criminal possession of a weapon in the third degree as defined 24 in subdivision three of section 265.02 of the penal law or criminal sale 25 of a firearm to a minor as defined in section 265.16 of the penal law or 26 any other felony offense involving criminal possession of a firearm or 27 criminal possession of a weapon in violation of article two hundred 28 sixty-five of the penal law. 29 § 6. Paragraph (u) of subdivision 4 of section 530.40 of the criminal 30 procedure law, as added by section 4 of subpart B of part UU of chapter 31 56 of the laws of 2022, is amended to read as follows: 32 (u) criminal possession of a weapon in the third degree as defined in 33 subdivision three of section 265.02 of the penal law or criminal sale of 34 a firearm to a minor as defined in section 265.16 of the penal law or 35 any other felony offense involving criminal possession of a firearm or 36 criminal possession of a weapon in violation of article two hundred 37 sixty-five of the penal law. 38 § 7. Subparagraphs (ii) and (iii) of paragraph (d) of subdivision 2 of 39 section 530.60 of the criminal procedure law, subparagraph (ii) as 40 amended and subparagraph (iii) as added by section 11 of subpart A of 41 part VV of chapter 56 of the laws of 2023, are amended and a new subpar- 42 agraph (iv) is added to read as follows: 43 (ii) Under subparagraph (i) of paragraph (b) of this subdivision, 44 revocation of a previously issued securing order shall result in the 45 issuance of a new securing order which may, if otherwise authorized by 46 law, permit the principal's release on recognizance or release under 47 non-monetary conditions, but shall also render the defendant eligible 48 for an order fixing bail, or ordering non-monetary conditions in 49 conjunction with fixing bail, provided, however, that in accordance with 50 the principles in this title the court must impose a new securing order 51 in accordance with subdivision one of section 510.10 of this title, and 52 in imposing such order, may consider the circumstances warranting such 53 revocation. Nothing in this subparagraph shall be interpreted as short- 54 ening the period of detention, or requiring or authorizing any less 55 restrictive form of a securing order, which may be imposed pursuant to 56 any other law; [and]A. 2357 3 1 (iii) Under subparagraphs (ii), (iii), and (iv) of paragraph (b) of 2 this subdivision, revocation of a previously issued securing order shall 3 result in the issuance of a new securing order which may, if otherwise 4 authorized by law, permit the principal's release on recognizance or 5 release under non-monetary conditions, but shall also render the defend- 6 ant eligible for an order fixing bail or ordering non-monetary condi- 7 tions in conjunction with fixing bail. In issuing the new securing 8 order, the court shall consider the kind and degree of control or 9 restriction necessary to reasonably assure the principal's return to 10 court and compliance with court conditions, and select a securing order 11 consistent with its determination, taking into account the factors 12 required to be considered under subdivision one of section 510.10 of 13 this title, the circumstances warranting such revocation, and the nature 14 and extent of the principal's noncompliance with previously ordered 15 non-monetary conditions of the securing order subject to revocation 16 under this subdivision. Nothing in this subparagraph shall be interpret- 17 ed as shortening the period of detention, or requiring or authorizing 18 any less restrictive form of a securing order, which may be imposed 19 pursuant to any other law[.] ; and 20 (iv) When the principal is charged with a crime as defined in article 21 two hundred sixty-five of the penal law that involves a machine-gun, 22 firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or 23 assault weapon, the court may in its discretion release the principal 24 pending trial on the principal's own recognizance or under non-monetary 25 conditions, fix bail, or the court may commit the principal to the 26 custody of the sheriff without considering the likelihood that the 27 defendant will return for court or selecting the least restrictive means 28 necessary to ensure their return to court. 29 § 8. This act shall take effect immediately.
