S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2357
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section  1.  Paragraph  (u)  of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of subpart B of part UU of
 chapter 56 of the laws of 2022, is amended to read as follows:
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to  a minor as defined in section 265.16 of the penal law OR
 ANY OTHER FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A  FIREARM  OR
 CRIMINAL  POSSESSION  OF  A  WEAPON  IN VIOLATION OF ARTICLE TWO HUNDRED
 SIXTY-FIVE OF THE PENAL LAW.
   § 2. Section 510.10 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7. WHEN THE PRINCIPAL IS CHARGED WITH A CRIME AS  DEFINED  IN  ARTICLE
 TWO  HUNDRED  SIXTY-FIVE  OF  THE PENAL LAW THAT INVOLVES A MACHINE-GUN,
 FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST  GUN  OR
 ASSAULT  WEAPON,  THE  COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
 PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY
 CONDITIONS,  FIX  BAIL,  OR  THE  COURT  MAY COMMIT THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF  WITHOUT  CONSIDERING  THE  LIKELIHOOD  THAT  THE
 DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
 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
 
              

   §  3.  The opening paragraph of subdivision 1 of section 510.30 of the
 criminal procedure law, as amended by section 4 of subpart A of part  VV
 of chapter 56 of the laws of 2023, is amended to read as follows:
   With respect to any principal, the court [in all cases], unless other-
 wise  provided  by  law, must impose a securing order in accordance with
 section 510.10 of this article, and shall  explain  the  basis  for  its
 determination and choice of securing order on the record or in writing.
   § 4. Section 510.30 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4.  WHEN  THE  PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW  THAT  INVOLVES  A  MACHINE-GUN,
 FIREARM  SILENCER,  FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN OR
 ASSAULT WEAPON, THE COURT MAY IN ITS DISCRETION  RELEASE  THE  PRINCIPAL
 PENDING  TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER NON-MONETARY
 CONDITIONS, FIX BAIL, OR THE COURT  MAY  COMMIT  THE  PRINCIPAL  TO  THE
 CUSTODY  OF  THE  SHERIFF  WITHOUT  CONSIDERING  THE LIKELIHOOD THAT THE
 DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
 NECESSARY TO ENSURE THEIR RETURN TO COURT.
   § 5. Subparagraph (xxi) of paragraph (b) of subdivision 1  of  section
 530.20 of the criminal procedure law, as amended by section 4 of subpart
 C  of  part  UU of chapter 56 of the laws of 2022, is amended to read as
 follows:
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as defined in section 265.16 of the penal law OR
 ANY  OTHER  FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM OR
 CRIMINAL POSSESSION OF A WEAPON IN  VIOLATION  OF  ARTICLE  TWO  HUNDRED
 SIXTY-FIVE OF THE PENAL LAW.
   §  6. Paragraph (u) of subdivision 4 of section 530.40 of the criminal
 procedure law, as added by section 4 of subpart B of part UU of  chapter
 56 of the laws of 2022, is amended to read as follows:
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law  OR
 ANY  OTHER  FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM OR
 CRIMINAL POSSESSION OF A WEAPON IN  VIOLATION  OF  ARTICLE  TWO  HUNDRED
 SIXTY-FIVE OF THE PENAL LAW.
   § 7. Subparagraphs (ii) and (iii) of paragraph (d) of subdivision 2 of
 section  530.60  of  the  criminal  procedure  law, subparagraph (ii) as
 amended and subparagraph (iii) as added by section 11 of  subpart  A  of
 part VV of chapter 56 of the laws of 2023, are amended and a new subpar-
 agraph (iv) is added to read as follows:
   (ii)  Under  subparagraph  (i)  of  paragraph (b) of this subdivision,
 revocation of a previously issued securing order  shall  result  in  the
 issuance  of  a new securing order which may, if otherwise authorized by
 law, permit the principal's release on  recognizance  or  release  under
 non-monetary  conditions,  but  shall also render the defendant eligible
 for an  order  fixing  bail,  or  ordering  non-monetary  conditions  in
 conjunction with fixing bail, provided, however, that in accordance with
 the  principles in this title the court must impose a new securing order
 in accordance with subdivision one of section 510.10 of this title,  and
 in  imposing  such order, may consider the circumstances warranting such
 revocation. Nothing in this subparagraph shall be interpreted as  short-
 ening  the  period  of  detention,  or requiring or authorizing any less
 restrictive form of a securing order, which may be imposed  pursuant  to
 any other law; [and]
 A. 2357                             3
 
   (iii)  Under  subparagraphs  (ii), (iii), and (iv) of paragraph (b) of
 this subdivision, revocation of a previously issued securing order shall
 result in the issuance of a new securing order which may,  if  otherwise
 authorized  by  law,  permit  the principal's release on recognizance or
 release under non-monetary conditions, but shall also render the defend-
 ant  eligible  for  an order fixing bail or ordering non-monetary condi-
 tions in conjunction with fixing  bail.  In  issuing  the  new  securing
 order,  the  court  shall  consider  the  kind  and degree of control or
 restriction necessary to reasonably assure  the  principal's  return  to
 court  and compliance with court conditions, and select a securing order
 consistent with its  determination,  taking  into  account  the  factors
 required  to  be  considered  under subdivision one of section 510.10 of
 this title, the circumstances warranting such revocation, and the nature
 and extent of the  principal's  noncompliance  with  previously  ordered
 non-monetary  conditions  of  the  securing  order subject to revocation
 under this subdivision. Nothing in this subparagraph shall be interpret-
 ed as shortening the period of detention, or  requiring  or  authorizing
 any  less  restrictive  form  of  a securing order, which may be imposed
 pursuant to any other law[.] ; AND
   (IV) WHEN THE PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN  ARTICLE
 TWO  HUNDRED  SIXTY-FIVE  OF  THE PENAL LAW THAT INVOLVES A MACHINE-GUN,
 FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST  GUN  OR
 ASSAULT  WEAPON,  THE  COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
 PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY
 CONDITIONS,  FIX  BAIL,  OR  THE  COURT  MAY COMMIT THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF  WITHOUT  CONSIDERING  THE  LIKELIHOOD  THAT  THE
 DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
 NECESSARY TO ENSURE THEIR RETURN TO COURT.
   § 8. This act shall take effect immediately.