S 10104 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10104 Summary: BILL NO S10104 &nbsp SAME AS SAME AS A07064

&nbsp SPONSOR ADDABBO &nbsp COSPNSR RYAN C, SUTTON &nbsp MLTSPNSR &nbsp Amd §§510.10, 530.20 & 530.40, CP L &nbsp Includes offenses involving situations where a person physically harms another or engages in conduct that results in an unacceptable level of danger as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail; requires the Office of Court Administration, in conjunction with the New York State Division of Criminal Justice Services, to manage an electronic tracking system maintaining a record of all bail decisions and to deliver a report to the legislature.

Go to top S10104 Text:

STATE OF NEW YORK ________________________________________________________________________

10104

IN SENATE

April 29, 2026 ___________

Introduced by Sen. ADDABBO -- 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 including certain offenses involving situations where a person physically harms another or engages in conduct that results in an unacceptable level of danger as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail; and to require the Office of Court Administration to establish an electronic tracking system maintaining a record of all bail decisions and to deliver a report to the legisla- ture

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Paragraphs (a), (m), (t) and (u) of subdivision 4 of 2 section 510.10 of the criminal procedure law, paragraph (a) as amended 3 and paragraph (m) as added by section 2 of part UU of chapter 56 of the 4 laws of 2020, and paragraph (t) as amended and paragraph (u) as added by 5 section 2 of subpart B of part UU of chapter 56 of the laws of 2022, are 6 amended and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb) 7 are added to read as follows: 8 (a) a felony enumerated in section 70.02 of the penal law[ , other than 9 robbery in the second degree as defined in subdivision one of section 10 160.10 of the penal law, provided, however, that burglary in the second 11 degree as defined in subdivision two of section 140.25 of the penal law 12 shall be a qualifying offense only where the defendant is charged with 13 entering the living area of the dwelling ]; 14 (m) assault in the third degree as defined in section 120.00 of the 15 penal law [ or arson in the third degree as defined in section 150.10 of 16 the penal law ], when such crime is charged as a hate crime as defined in 17 section 485.05 of the penal law; 18 (t) 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 own recognizance, released under conditions, or had yet to be

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09472-01-5

S. 10104 2

1 arraigned after the issuance of a desk appearance ticket for a separate 2 felony or class A misdemeanor involving harm to an identifiable person 3 or property, or any charge of criminal possession of a firearm as 4 defined in section 265.01-b of the penal law, provided, however, that 5 the prosecutor must show reasonable cause to believe that the defendant 6 committed the instant crime and any underlying crime. For the purposes 7 of this subparagraph, any of the underlying crimes need not be a quali- 8 fying offense as defined in this subdivision ]. For the purposes of this 9 paragraph, "harm to an identifiable person or property" shall include 10 but not be limited to theft of or damage to property. However, based 11 upon a review of the facts alleged in the accusatory instrument, if the 12 court determines that such theft is negligible and does not appear to be 13 in furtherance of other criminal activity, the principal shall be 14 released on [ his or her ] the principal's own recognizance or under 15 appropriate non-monetary conditions; [ or ] 16 (u) criminal possession of a weapon in the third degree as defined in 17 subdivision three of section 265.02 of the penal law or criminal sale of 18 a firearm to a minor as defined in section 265.16 of the penal law[ . ] ; 19 (v) assault in the third degree as defined in section 120.00 of the 20 penal law; reckless assault of a child by a child day care provider as 21 defined in section 120.01 of the penal law; vehicular assault in the 22 second degree as defined in section 120.03 of the penal law; menacing in 23 the first degree as defined in section 120.13 of the penal law; menacing 24 in the second degree as defined in section 120.14 of the penal law; 25 menacing in the third degree as defined in section 120.15 of the penal 26 law; reckless endangerment in the second degree as defined in section 27 120.20 of the penal law; reckless endangerment in the first degree as 28 defined in section 120.25 of the penal law; stalking in the third degree 29 as defined in section 120.50 of the penal law; or stalking in the second 30 degree as defined in section 120.55 of the penal law; 31 (w) unlawful imprisonment in the second degree as defined in section 32 135.05 of the penal law; 33 (x) burglary in the third degree as defined in section 140.20 of the 34 penal law; 35 (y) arson in the fifth degree as defined in section 150.01; arson in 36 the fourth degree as defined in section 150.05 of the penal law; or 37 arson in the third degree as defined in section 150.10 of the penal 38 law; 39 (z) public lewdness in the first degree as defined in section 245.03 40 of the penal law; 41 (aa) criminal possession of a rapid-fire modification device as 42 defined in section 265.01-c of the penal law; criminal possession of a 43 weapon in a restricted location as defined in section 265.01-d of the 44 penal law; criminal possession of a firearm, rifle or shotgun in a 45 sensitive location as defined in section 265.01-e of the penal law; a 46 violation of manufacture, transport, disposition and defacement of weap- 47 ons and dangerous instruments and appliances as defined in subdivision 48 five of section 265.10 of the penal law; prohibited use of weapons as 49 defined in subdivision three of section 265.35 of the penal law; or 50 unlawful possession of certain ammunition feeding devices as defined in 51 section 265.37 of the penal law; or 52 (bb) unlawful fleeing a police officer in a motor vehicle in the third 53 degree as defined in section 270.25 of the penal law. 54 § 2. Subparagraphs (i), (xiii), (xx) and (xxi) of paragraph (b) of 55 subdivision 1 of section 530.20 of the criminal procedure law, subpara- 56 graphs (i) and (xiii) as amended by section 3 of part UU of chapter 56

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1 of the laws of 2020, and subparagraph (xx) as amended and subparagraph 2 (xxi) as added by section 4 of subpart C of part UU of chapter 56 of the 3 laws of 2022, are amended and seven new subparagraphs (xxii), (xxiii), 4 (xxiv), (xxv), (xxvi), (xxvii) and (xxviii) are added to read as 5 follows: 6 (i) a felony enumerated in section 70.02 of the penal law[ , other than 7 robbery in the second degree as defined in subdivision one of section 8 160.10 of the penal law, provided, however, that burglary in the second 9 degree as defined in subdivision two of section 140.25 of the penal law 10 shall be a qualifying offense only where the defendant is charged with 11 entering the living area of the dwelling ]; 12 (xiii) assault in the third degree as defined in section 120.00 of the 13 penal law [ or arson in the third degree as defined in section 150.10 of 14 the penal law ], when such crime is charged as a hate crime as defined in 15 section 485.05 of the penal law; 16 (xx) any felony or class A misdemeanor involving harm to an identifi- 17 able person or property, or any charge of criminal possession of a 18 firearm as defined in section 265.01-b of the penal law [ where such 19 charge arose from conduct occurring while the defendant was released on 20 his or her own recognizance, released under conditions, or had yet to be 21 arraigned after the issuance of a desk appearance ticket for a separate 22 felony or class A misdemeanor involving harm to an identifiable person 23 or property, provided, however, that the prosecutor must show reasonable 24 cause to believe that the defendant committed the instant crime and any 25 underlying crime. For the purposes of this subparagraph, any of the 26 underlying crimes need not be a qualifying offense as defined in this 27 subdivision ]. For the purposes of this paragraph, "harm to an identifi- 28 able person or property" shall include but not be limited to theft of or 29 damage to property. However, based upon a review of the facts alleged in 30 the accusatory instrument, if the court determines that such theft is 31 negligible and does not appear to be in furtherance of other criminal 32 activity, the principal shall be released on [ his or her ] the princi- 33 pal's own recognizance or under appropriate non-monetary conditions; 34 [ or ] 35 (xxi) criminal possession of a weapon in the third degree as defined 36 in subdivision three of section 265.02 of the penal law or criminal sale 37 of a firearm to a minor as defined in section 265.16 of the penal 38 law[ . ] ; 39 (xxii) assault in the third degree as defined in section 120.00 of the 40 penal law; reckless assault of a child by a child day care provider as 41 defined in section 120.01 of the penal law; vehicular assault in the 42 second degree as defined in section 120.03 of the penal law; menacing in 43 the first degree as defined in section 120.13 of the penal law; menacing 44 in the second degree as defined in section 120.14 of the penal law; 45 menacing in the third degree as defined in section 120.15 of the penal 46 law; reckless endangerment in the second degree as defined in section 47 120.20 of the penal law; reckless endangerment in the first degree as 48 defined in section 120.25 of the penal law; stalking in the third degree 49 as defined in section 120.50 of the penal law; or stalking in the second 50 degree as defined in section 120.55 of the penal law; 51 (xxiii) unlawful imprisonment in the second degree as defined in 52 section 135.05 of the penal law; 53 (xxiv) burglary in the third degree as defined in section 140.20 of 54 the penal law; 55 (xxv) arson in the fifth degree as defined in section 150.01; arson in 56 the fourth degree as defined in section 150.05 of the penal law; or

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1 arson in the third degree as defined in section 150.10 of the penal 2 law; 3 (xxvi) public lewdness in the first degree as defined in section 4 245.03 of the penal law; 5 (xxvii) criminal possession of a rapid-fire modification device as 6 defined in section 265.01-c of the penal law; criminal possession of a 7 weapon in a restricted location as defined in section 265.01-d of the 8 penal law; criminal possession of a firearm, rifle or shotgun in a 9 sensitive location as defined in section 265.01-e of the penal law; a 10 violation of manufacture, transport, disposition and defacement of weap- 11 ons and dangerous instruments and appliances as defined in subdivision 12 five of section 265.10 of the penal law; prohibited use of weapons as 13 defined in subdivision three of section 265.35 of the penal law; or 14 unlawful possession of certain ammunition feeding devices as defined in 15 section 265.37 of the penal law; or 16 (xxviii) unlawful fleeing a police officer in a motor vehicle in the 17 third degree as defined in section 270.25 of the penal law. 18 § 3. Paragraphs (a), (m), (t) and (u) of subdivision 4 of section 19 530.40 of the criminal procedure law, paragraph (a) as amended and para- 20 graph (m) as added by section 4 of part UU of chapter 56 of the laws of 21 2020, and paragraph (t) as amended and paragraph (u) as added by section 22 4 of subpart B of part UU of chapter 56 of the laws of 2022 are amended 23 and seven new paragraphs (v), (w), (x), (y), (z), (aa) and (bb) are 24 added to read as follows: 25 (a) a felony enumerated in section 70.02 of the penal law[ , other than 26 robbery in the second degree as defined in subdivision one of section 27 160.10 of the penal law, provided, however, that burglary in the second 28 degree as defined in subdivision two of section 140.25 of the penal law 29 shall be a qualifying offense only where the defendant is charged with 30 entering the living area of the dwelling ]; 31 (m) assault in the third degree as defined in section 120.00 of the 32 penal law [ or arson in the third degree as defined in section 150.10 of 33 the penal law ], when such crime is charged as a hate crime as defined in 34 section 485.05 of the penal law; 35 (t) any felony or class A misdemeanor involving harm to an identifi- 36 able person or property, or any charge of criminal possession of a 37 firearm as defined in section 265.01-b of the penal law[ , where such 38 charge arose from conduct occurring while the defendant was released on 39 his or her own recognizance, released under conditions, or had yet to be 40 arraigned after the issuance of a desk appearance ticket for a separate 41 felony or class A misdemeanor involving harm to an identifiable person 42 or property, or any charge of criminal possession of a firearm as 43 defined in section 265.01-b of the penal law, provided, however, that 44 the prosecutor must show reasonable cause to believe that the defendant 45 committed the instant crime and any underlying crime. For the purposes 46 of this subparagraph, any of the underlying crimes need not be a quali- 47 fying offense as defined in this subdivision ]. For the purposes of this 48 paragraph, "harm to an identifiable person or property" shall include 49 but not be limited to theft of or damage to property. However, based 50 upon a review of the facts alleged in the accusatory instrument, if the 51 court determines that such theft is negligible and does not appear to be 52 in furtherance of other criminal activity, the principal shall be 53 released on [ his or her ] the principal's own recognizance or under 54 appropriate non-monetary conditions; [ or ]

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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 (v) assault in the third degree as defined in section 120.00 of the 5 penal law; reckless assault of a child by a child day care provider as 6 defined in section 120.01 of the penal law; vehicular assault in the 7 second degree as defined in section 120.03 of the penal law; menacing in 8 the first degree as defined in section 120.13 of the penal law; menacing 9 in the second degree as defined in section 120.14 of the penal law; 10 menacing in the third degree as defined in section 120.15 of the penal 11 law; reckless endangerment in the second degree as defined in section 12 120.20 of the penal law; reckless endangerment in the first degree as 13 defined in section 120.25 of the penal law; stalking in the third degree 14 as defined in section 120.50 of the penal law; or stalking in the second 15 degree as defined in section 120.55 of the penal law; 16 (w) unlawful imprisonment in the second degree as defined in section 17 135.05 of the penal law; 18 (x) burglary in the third degree as defined in section 140.20 of the 19 penal law; 20 (y) arson in the fifth degree as defined in section 150.01; arson in 21 the fourth degree as defined in section 150.05 of the penal law; or 22 arson in the third degree as defined in section 150.10 of the penal 23 law; 24 (z) public lewdness in the first degree as defined in section 245.03 25 of the penal law; 26 (aa) criminal possession of a rapid-fire modification device as 27 defined in section 265.01-c of the penal law; criminal possession of a 28 weapon in a restricted location as defined in section 265.01-d of the 29 penal law; criminal possession of a firearm, rifle or shotgun in a 30 sensitive location as defined in section 265.01-e of the penal law; a 31 violation of manufacture, transport, disposition and defacement of weap- 32 ons and dangerous instruments and appliances as defined in subdivision 33 five of section 265.10 of the penal law; prohibited use of weapons as 34 defined in subdivision three of section 265.35 of the penal law; or 35 unlawful possession of certain ammunition feeding devices as defined in 36 section 265.37 of the penal law; or 37 (bb) unlawful fleeing a police officer in a motor vehicle in the third 38 degree as defined in section 270.25 of the penal law. 39 § 4. The Office of Court Administration, in conjunction with the New 40 York State Division of Criminal Justice Services, shall manage an elec- 41 tronic tracking system maintaining a record of all bail decisions of 42 judges in this state, specifying by court, the number of cases in which 43 bail was granted, in which bail was denied and in which no bail was 44 required. If bail was granted, the average amount of bail required shall 45 be specified. On or before July 31st of each year, the Office of Court 46 Administration shall prepare a report detailing the record of cases and 47 deliver such report to the Speaker of the Assembly and the Temporary 48 President of the Senate. 49 § 5. This act shall take effect on the sixtieth day after it shall 50 have become a law; provided that section four of this act shall take 51 effect one year after it shall have become a law. Effective immediate- 52 ly, the addition, amendment and/or repeal of any rule or regulation 53 necessary for the implementation of this act on its effective date are 54 authorized to be made and completed on or before such effective date.

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