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.
                                                                   LBD02225-01-5

        A. 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.