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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S00459 Summary: BILL NO S00459 &nbsp SAME AS SAME AS A05212

&nbsp SPONSOR PALUMBO &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §§510.10, 530.20 & 530.40, CP L &nbsp Allows judges more options for when to impose bail or commit the principal to the custody of the sheriff for burglary in the second degree, robbery in the second degree and crimes which resulted in death or serious physical injury.

Go to top S00459 Text:

STATE OF NEW YORK ________________________________________________________________________

459

2025-2026 Regular Sessions

IN SENATE

(Prefiled)

January 8, 2025 ___________

Introduced by Sen. PALUMBO -- 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 allowing judges more options for when to impose bail or commit the principal 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 (a) of subdivision 4 of section 510.10 of the 2 criminal procedure law, as amended by section 2 of part UU of chapter 56 3 of the laws of 2020, is amended and a new paragraph (j-1) is added to 4 read as follows: 5 (a) a felony enumerated in section 70.02 of the penal law[ , other than 6 robbery in the second degree as defined in subdivision one of section 7 160.10 of the penal law ], provided, however, that burglary in the second 8 degree as defined in subdivision two of section 140.25 of the penal law 9 shall be a qualifying offense only where the defendant is charged with 10 entering the living area of the dwelling; 11 (j-1) a crime which resulted in death or serious physical injury; 12 § 2. Subparagraph (i) of paragraph (b) of subdivision 1 of section 13 530.20 of the criminal procedure law, as amended by section 3 of part UU 14 of chapter 56 of the laws of 2020, is amended and a new subparagraph 15 (x-1) is added to read as follows: 16 (i) a felony enumerated in section 70.02 of the penal law[ , other than 17 robbery in the second degree as defined in subdivision one of section 18 160.10 of the penal law ], provided, however, that burglary in the second 19 degree as defined in subdivision two of section 140.25 of the penal law 20 shall be a qualifying offense only where the defendant is charged with 21 entering the living area of the dwelling; 22 (x-1) a crime which resulted in death or serious physical injury;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00628-01-5

S. 459 2

1 § 3. Paragraph (a) of subdivision 4 of section 530.40 of the criminal 2 procedure law, as amended by section 4 of part UU of chapter 56 of the 3 laws of 2020, is amended and a new paragraph (j-1) is added to read as 4 follows: 5 (a) a felony enumerated in section 70.02 of the penal law[ , other than 6 robbery in the second degree as defined in subdivision one of section 7 160.10 of the penal law ], provided, however, that burglary in the second 8 degree as defined in subdivision two of section 140.25 of the penal law 9 shall be a qualifying offense only where the defendant is charged with 10 entering the living area of the dwelling; 11 (j-1) a crime which resulted in death or serious physical injury; 12 § 4. This act shall take effect on the first of November next succeed- 13 ing the date upon which it shall have become a law.

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