Assembly Bill A2313

2025-2026 Legislative Session

Relates to setting bail for defendants that pose a current physical threat to public safety

download bill text pdf

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Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-A2313 (ACTIVE) - Details

See Senate Version of this Bill:
S236
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §510.10, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6840
2021-2022: A10247, S6947
2023-2024: A4208, S5335

2025-A2313 (ACTIVE) - Summary

Requires the court to make an individualized determination whether a defendant poses a current physical threat to any person or to public safety when making a bail determination.

2025-A2313 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2313
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by M. of A. RA -- read once and referred to the Committee on
   Codes
 
 AN ACT to amend the criminal procedure law, in relation to setting  bail
   for defendants that pose a threat to public safety
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of subdivision 1 of section 510.10 of
 the criminal procedure law, as amended by section 2 of subpart A of part
 VV of chapter 56 of the laws of 2023, is amended to read as follows:
   When a principal, whose future court attendance at a  criminal  action
 or proceeding is or may be required, comes under the control of a court,
 such  court shall impose a securing order in accordance with this title.
 Except as otherwise required by law, the court shall make an individual-
 ized determination as to whether the principal poses A CURRENT  PHYSICAL
 DANGER  TO  THE  SAFETY OF ANY CRIME VICTIM, PERSON OR THE COMMUNITY AND
 MAKE AN INDIVIDUALIZED DETERMINATION AS TO WHETHER THE PRINCIPAL POSES a
 risk of flight to avoid prosecution[,]. THE  COURT  SHALL  consider  the
 kind and degree of control or restriction necessary to reasonably assure
 the  principal's  return  to  court  AND THE SAFETY OF ANY CRIME VICTIM,
 PERSON OR THE COMMUNITY, and select a securing order consistent with its
 determination under this subdivision. The court shall explain the  basis
 for  its determination and its choice of securing order on the record or
 in writing. In making a determination under this subdivision, the  court
 must  consider  and  take  into  account available information about the
 principal, including:
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00915-01-5

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