S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6957
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by M. of A. MOLITOR -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  providing
   judges  with more discretion to impose bail on principals charged with
   a felony, principals charged with a misdemeanor  when  awaiting  trial
   for another crime, principals who are a threat to the safety and secu-
   rity  of  the  community,  principals  charged with a felony serving a
   sentence of probation or while released to  post-release  supervision,
   and requiring principals who have been charged with an offense related
   to three separate alleged instances of criminal activity are committed
   to the custody of the sheriff; and to repeal certain provisions of the
   criminal procedure law in relation thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 510.10 of the  criminal  procedure
 law,  as  amended  by  section 2 of part UU of chapter 56 of the laws of
 2020, the opening paragraph as amended by section 2 of subpart A of part
 VV of chapter 56 of the laws of 2023, and  paragraphs  (s)  and  (t)  as
 amended  and paragraph (u) 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:
   4. Where the principal stands charged with a qualifying  offense,  the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary  conditions,  fix bail, or order non-monetary conditions in
 conjunction with fixing bail, or, where the defendant is charged with  a
 qualifying offense [which is a felony], the court may commit the princi-
 pal  to  the  custody  of the sheriff. A principal stands charged with a
 qualifying offense for the purposes of this subdivision when [he or she]
 SUCH PRINCIPAL stands charged with:
   (a) a felony [enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09359-04-5
              

 A. 6957                             2

 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling];
   (b)  [a  crime  involving witness intimidation under section 215.15 of
 the penal law;
   (c) a crime involving witness tampering under section  215.11,  215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of the penal law, only class
 A-I felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law, or a crime involving incest as  defined  in  section  255.25,
 255.26  or  255.27 of such law, or] a misdemeanor defined in article one
 hundred thirty of [such] THE PENAL law;
   [(f) conspiracy in the second degree as defined in section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this title;
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)] (C) any crime that is alleged to have caused the death of another
 person;
   [(k)] (D) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00  OF
 THE  PENAL  LAW,  MENACING  IN  THE  SECOND DEGREE AS DEFINED IN SECTION
 120.14 OF THE PENAL LAW, MENACING IN THE  THIRD  DEGREE  AS  DEFINED  IN
 SECTION  120.15  OF  THE  PENAL LAW, RECKLESS ENDANGERMENT IN THE SECOND
 DEGREE AS DEFINED IN SECTION 120.20 OF THE PENAL LAW,  STALKING  IN  THE
 FOURTH DEGREE AS DEFINED IN SECTION 120.45 OF THE PENAL LAW, STALKING IN
 THE THIRD DEGREE AS DEFINED IN SECTION 120.50 OF THE PENAL LAW, criminal
 obstruction  of  breathing  or  blood  circulation as defined in section
 A. 6957                             3
 
 121.11 of the penal law, [strangulation in the second degree as  defined
 in section 121.12 of the penal law or unlawful imprisonment in the first
 degree  as  defined in section 135.10 of the penal law,] UNLAWFUL IMPRI-
 SONMENT  IN  THE SECOND DEGREE AS DEFINED IN SECTION 135.05 OF THE PENAL
 LAW, COERCION IN THE THIRD DEGREE AS DEFINED IN SECTION  135.60  OF  THE
 PENAL  LAW, CRIMINAL MISCHIEF IN THE FOURTH DEGREE AS DEFINED IN SECTION
 145.00 OF THE PENAL LAW, HARASSMENT IN THE FIRST DEGREE  AS  DEFINED  IN
 SECTION  240.25 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION ONE, TWO OR FOUR OF SECTION  240.30  OF
 THE  PENAL  LAW  and  is alleged to have committed the offense against a
 member of the defendant's same family or household as defined in  subdi-
 vision one of section 530.11 of this title;
   [(l)  aggravated  vehicular  assault as defined in section 120.04-a of
 the penal law or vehicular assault in the first  degree  as  defined  in
 section 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal  law,] (E) ANY CRIME DEFINED IN THE PENAL LAW when such crime
 is charged as a hate crime as defined in section  485.05  of  the  penal
 law;
   [(n)  aggravated  assault  upon a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (o) grand larceny in the first degree as defined in section 155.42  of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p)  failure  to  register  as  a sex offender pursuant to section one
 hundred sixty-eight-t of the correction  law  or]  (F)  endangering  the
 welfare  of  a  child as defined in subdivision one of section 260.10 of
 the penal law, where the defendant is required to maintain  registration
 under  article  six-C of the correction law and designated a level three
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(q)  a  crime  involving bail jumping under section 215.55, 215.56 or
 215.57 of the penal law, or] (G) a crime involving escaping from custody
 under section 205.05[, 205.10 or 205.15] of the penal law;
   [(r)] (H) ANY CRIME DEFINED IN ARTICLE  TWO  HUNDRED  FIFTEEN  OF  THE
 PENAL LAW;
   (I)  any  [felony offense] CRIME DEFINED IN THE PENAL LAW committed by
 the principal while serving a sentence of probation or while released to
 post release supervision;
   [(s) a felony, where the defendant qualifies for  sentencing  on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law;
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 A. 6957                             4

 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions;] or
   [(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]  (J)
 ANY  MISDEMEANOR  DEFINED IN THE PENAL LAW COMMITTED AFTER THE PRINCIPAL
 HAS BEEN RELEASED PENDING TRIAL ON  THE  PRINCIPAL'S  OWN  RECOGNIZANCE,
 UNDER  NON-MONETARY  CONDITIONS,  BAIL,  OR  NON-MONETARY  CONDITIONS IN
 CONJUNCTION WITH FIXING BAIL.
   § 2. Paragraph (b) of subdivision 1 of section 530.20 of the  criminal
 procedure  law,  as amended by section 3 of part UU of chapter 56 of the
 laws of 2020, the opening paragraph as amended by section 6 of subpart A
 of part VV of chapter 56 of the laws of 2023, and paragraphs  (xix)  and
 (xx)  as  amended and paragraph (xxi) as added by section 4 of subpart C
 of part UU of chapter 56 of the laws of 2022,  is  amended  to  read  as
 follows:
   (b)  Where the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion release
 the principal pending trial on the principal's own recognizance or under
 non-monetary conditions, fix  bail,  order  non-monetary  conditions  in
 conjunction  with fixing bail, or, where the defendant is charged with a
 qualifying offense which is a felony, the court may commit the principal
 to the custody of the sheriff. The court shall  explain  its  choice  of
 securing  order  on the record or in writing. A principal stands charged
 with a qualifying offense when [he or she] SUCH PRINCIPAL stands charged
 with:
   (i) a felony [enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling];
   (ii) [a crime involving witness intimidation under section  215.15  of
 the penal law;
   (iii) a crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (iv)  a  class  A  felony defined in the penal law, provided, that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense;
   (v) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law or a crime involving incest  as  defined  in  section  255.25,
 255.26  or  255.27 of such law, or] a misdemeanor defined in article one
 hundred thirty of [such] THE PENAL law;
   [(vi) conspiracy in the second degree as defined in section 105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
 A. 6957                             5

   (vii)  money laundering in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (viii)  criminal  contempt in the second degree as defined in subdivi-
 sion three of section 215.50 of the penal law, criminal contempt in  the
 first degree as defined in subdivision (b), (c) or (d) of section 215.51
 of  the  penal law or aggravated criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   (ix)  facilitating  a  sexual performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (x)] (III) any crime that is alleged  to  have  caused  the  death  of
 another person;
   [(xi)]  (IV)  ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00
 OF THE PENAL LAW,  MENACING IN THE SECOND DEGREE AS DEFINED  IN  SECTION
 120.14  OF  THE  PENAL  LAW,  MENACING IN THE THIRD DEGREE AS DEFINED IN
 SECTION 120.15 OF THE PENAL LAW, RECKLESS  ENDANGERMENT  IN  THE  SECOND
 DEGREE  AS  DEFINED  IN SECTION 120.20 OF THE PENAL LAW, STALKING IN THE
 FOURTH DEGREE AS DEFINED IN SECTION 120.45 OF THE PENAL LAW, STALKING IN
 THE THIRD DEGREE AS DEFINED IN SECTION 120.50 OF THE PENAL LAW, criminal
 obstruction of breathing or blood  circulation  as  defined  in  section
 121.11  of the penal law, [strangulation in the second degree as defined
 in section 121.12 of the penal law or unlawful imprisonment in the first
 degree as defined in section 135.10 of the penal law,]  UNLAWFUL  IMPRI-
 SONMENT  IN  THE SECOND DEGREE AS DEFINED IN SECTION 135.05 OF THE PENAL
 LAW, COERCION IN THE THIRD DEGREE AS DEFINED IN SECTION  135.60  OF  THE
 PENAL  LAW, CRIMINAL MISCHIEF IN THE FOURTH DEGREE AS DEFINED IN SECTION
 145.00 OF THE PENAL LAW, HARASSMENT IN THE FIRST DEGREE  AS  DEFINED  IN
 SECTION  240.25 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION ONE, TWO OR FOUR OF SECTION  240.30  OF
 THE  PENAL  LAW  and  is alleged to have committed the offense against a
 member of the defendant's same family or household as defined in  subdi-
 vision one of section 530.11 of this article;
   [(xii)  aggravated vehicular assault as defined in section 120.04-a of
 the penal law or vehicular assault in the first  degree  as  defined  in
 section 120.04 of the penal law;
   (xiii) assault in the third degree as defined in section 120.00 of the
 penal  law  or arson in the third degree as defined in section 150.10 of
 the penal law,] (V) ANY CRIME DEFINED IN THE PENAL LAW when  such  crime
 is  charged  as  a  hate crime as defined in section 485.05 of the penal
 law;
 A. 6957                             6
 
   [(xiv) aggravated assault upon a person less than eleven years old  as
 defined  in  section 120.12 of the penal law or criminal possession of a
 weapon on school grounds as defined in section  265.01-a  of  the  penal
 law;
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (xvi)  failure  to  register as a sex offender pursuant to section one
 hundred sixty-eight-t of the correction law  or]  (VI)  endangering  the
 welfare  of  a  child as defined in subdivision one of section 260.10 of
 the penal law, where the defendant is required to maintain  registration
 under  article  six-C of the correction law and designated a level three
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(xvii) a crime involving bail jumping under section 215.55, 215.56 or
 215.57  of  the  penal  law,  or]  (VII) a crime involving escaping from
 custody under section 205.05[, 205.10 or 205.15] of the penal law;
   [(xviii)] (VIII) ANY CRIME DEFINED IN ARTICLE TWO HUNDRED  FIFTEEN  OF
 THE PENAL LAW;
   (IX)  any [felony offense] CRIME DEFINED IN THE PENAL LAW committed by
 the principal while serving a sentence of probation or while released to
 post release supervision;
   [(xix) a felony, where the defendant qualifies for sentencing on  such
 charge  as a persistent felony offender pursuant to section 70.10 of the
 penal law;
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, provided, however, that the prosecutor must show reasonable
 cause to believe that the defendant committed the instant crime and  any
 underlying  crime.  For  the  purposes  of this subparagraph, any of the
 underlying crimes need not be a qualifying offense as  defined  in  this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions;] or
   [(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]
 (X) ANY MISDEMEANOR COMMITTED AFTER  THE  PRINCIPAL  HAS  BEEN  RELEASED
 PENDING  TRIAL  ON  THE PRINCIPAL'S OWN RECOGNIZANCE, UNDER NON-MONETARY
 CONDITIONS, BAIL, OR NON-MONETARY CONDITIONS IN CONJUNCTION WITH  FIXING
 BAIL.
   § 3. Subdivision 4 of section 530.40 of the criminal procedure law, as
 amended  by  section 4 of part UU of chapter 56 of the laws of 2020, the
 opening paragraph as amended by section 8 of subpart A  of  part  VV  of
 chapter  56  of  the laws of 2023, and paragraphs (s) and (t) as amended
 A. 6957                             7
 
 and paragraph (u) as added by section 4 of subpart B of part UU of chap-
 ter 56 of the laws of 2022, is amended to read as follows:
   4.  Where  the principal stands charged with a qualifying offense, the
 court, unless otherwise prohibited by law, may in its discretion, and in
 accordance with section 510.10 of  this  title,  release  the  principal
 pending  trial on the principal's own recognizance or under non-monetary
 conditions, fix bail, or order non-monetary  conditions  in  conjunction
 with  fixing  bail, or, where the defendant is charged with a qualifying
 offense [which is a felony], the court may commit the principal  to  the
 custody of the sheriff. The court shall explain the basis for its deter-
 mination and its choice of securing order on the record or in writing. A
 principal  stands  charged with a qualifying offense for the purposes of
 this subdivision when [he or she] SUCH PRINCIPAL stands charged with:
   (a) a felony [enumerated in section 70.02 of the penal law, other than
 robbery in the second degree as defined in subdivision  one  of  section
 160.10  of the penal law, provided, however, that burglary in the second
 degree as defined in subdivision two of section 140.25 of the penal  law
 shall  be  a qualifying offense only where the defendant is charged with
 entering the living area of the dwelling];
   (b) [a crime involving witness intimidation under  section  215.15  of
 the penal law;
   (c)  a  crime involving witness tampering under section 215.11, 215.12
 or 215.13 of the penal law;
   (d) a class A felony defined in the penal law, provided that for class
 A felonies under article two hundred twenty of such law, only class  A-I
 felonies shall be a qualifying offense;
   (e) a sex trafficking offense defined in section 230.34 or 230.34-a of
 the  penal  law, or a felony sex offense defined in section 70.80 of the
 penal law or a crime involving incest  as  defined  in  section  255.25,
 255.26  or  255.27 of such law, or] a misdemeanor defined in article one
 hundred thirty of [such] THE PENAL law;
   [(f) conspiracy in the second degree as defined in section  105.15  of
 the  penal  law,  where the underlying allegation of such charge is that
 the defendant conspired to commit a class A felony  defined  in  article
 one hundred twenty-five of the penal law;
   (g)  money  laundering  in support of terrorism in the first degree as
 defined in section 470.24 of the penal law; money laundering in  support
 of  terrorism  in  the second degree as defined in section 470.23 of the
 penal law; money laundering in support of terrorism in the third  degree
 as  defined  in  section  470.22  of  the penal law; money laundering in
 support of terrorism in the fourth degree as defined in  section  470.21
 of  the  penal law; or a felony crime of terrorism as defined in article
 four hundred ninety of the penal law, other than the  crime  defined  in
 section 490.20 of such law;
   (h)  criminal  contempt in the second degree as defined in subdivision
 three of section 215.50 of the penal law, criminal contempt in the first
 degree as defined in subdivision (b), (c) or (d) of  section  215.51  of
 the  penal  law  or  aggravated  criminal contempt as defined in section
 215.52 of the penal law, and the underlying allegation of such charge of
 criminal contempt in the second degree, criminal contempt in  the  first
 degree  or aggravated criminal contempt is that the defendant violated a
 duly served order of protection where the protected party is a member of
 the defendant's same family or household as defined in  subdivision  one
 of section 530.11 of this article;
   (i)  facilitating  a  sexual  performance by a child with a controlled
 substance or alcohol as defined in section 263.30 of the penal law,  use
 A. 6957                             8

 of  a  child in a sexual performance as defined in section 263.05 of the
 penal law or luring a child as defined in  subdivision  one  of  section
 120.70  of  the  penal law, promoting an obscene sexual performance by a
 child as defined in section 263.10 of the penal law or promoting a sexu-
 al performance by a child as defined in section 263.15 of the penal law;
   (j)] (C) any crime that is alleged to have caused the death of another
 person;
   [(k)]  (D) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF
 THE PENAL LAW,   MENACING IN THE SECOND DEGREE  AS  DEFINED  IN  SECTION
 120.14  OF  THE  PENAL  LAW,  MENACING IN THE THIRD DEGREE AS DEFINED IN
 SECTION 120.15 OF THE PENAL LAW, RECKLESS  ENDANGERMENT  IN  THE  SECOND
 DEGREE  AS  DEFINED  IN SECTION 120.20 OF THE PENAL LAW, STALKING IN THE
 FOURTH DEGREE AS DEFINED IN SECTION 120.45 OF THE PENAL LAW, STALKING IN
 THE THIRD DEGREE AS DEFINED IN SECTION 120.50 OF THE PENAL LAW, criminal
 obstruction of breathing or blood  circulation  as  defined  in  section
 121.11  of the penal law, [strangulation in the second degree as defined
 in section 121.12 of the penal law or unlawful imprisonment in the first
 degree as defined in section 135.10 of the penal law,]  UNLAWFUL  IMPRI-
 SONMENT  IN  THE SECOND DEGREE AS DEFINED IN SECTION 135.05 OF THE PENAL
 LAW, COERCION IN THE THIRD DEGREE AS DEFINED IN SECTION  135.60  OF  THE
 PENAL  LAW, CRIMINAL MISCHIEF IN THE FOURTH DEGREE AS DEFINED IN SECTION
 145.00 OF THE PENAL LAW, HARASSMENT IN THE FIRST DEGREE  AS  DEFINED  IN
 SECTION  240.25 OF THE PENAL LAW, OR AGGRAVATED HARASSMENT IN THE SECOND
 DEGREE AS DEFINED IN SUBDIVISION ONE, TWO OR FOUR OF SECTION  240.30  OF
 THE  PENAL  LAW  and  is alleged to have committed the offense against a
 member of the defendant's same family or household as defined in  subdi-
 vision one of section 530.11 of this article;
   [(l)  aggravated  vehicular  assault as defined in section 120.04-a of
 the penal law or vehicular assault in the first  degree  as  defined  in
 section 120.04 of the penal law;
   (m)  assault  in  the third degree as defined in section 120.00 of the
 penal law or arson in the third degree as defined in section  150.10  of
 the  penal  law,] (E) ANY CRIME DEFINED IN THE PENAL LAW when such crime
 is charged as a hate crime as defined in section  485.05  of  the  penal
 law;
   [(n)  aggravated  assault  upon a person less than eleven years old as
 defined in section 120.12 of the penal law or criminal possession  of  a
 weapon  on  school  grounds  as defined in section 265.01-a of the penal
 law;
   (o) grand larceny in the first degree as defined in section 155.42  of
 the penal law, enterprise corruption as defined in section 460.20 of the
 penal law, or money laundering in the first degree as defined in section
 470.20 of the penal law;
   (p)  failure  to  register  as  a sex offender pursuant to section one
 hundred sixty-eight-t of the correction  law  or]  (F)  endangering  the
 welfare  of  a  child as defined in subdivision one of section 260.10 of
 the penal law, where the defendant is required to maintain  registration
 under  article  six-C of the correction law and designated a level three
 offender  pursuant  to  subdivision   six   of   section   one   hundred
 sixty-eight-l of the correction law;
   [(q)  a  crime  involving bail jumping under section 215.55, 215.56 or
 215.57 of the penal law, or] (G) a crime involving escaping from custody
 under section 205.05[, 205.10 or 205.15] of the penal law;
   [(r)] (H) ANY CRIME DEFINED IN ARTICLE  TWO  HUNDRED  FIFTEEN  OF  THE
 PENAL LAW;
 A. 6957                             9
 
   (I)  any  [felony offense] CRIME DEFINED IN THE PENAL LAW committed by
 the principal while serving a sentence of probation or while released to
 post release supervision;
   [(s)  a  felony,  where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law;
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions;] or
   [(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]  (J)
 ANY  MISDEMEANOR COMMITTED AFTER THE PRINCIPAL HAS BEEN RELEASED PENDING
 TRIAL ON THE PRINCIPAL'S OWN  RECOGNIZANCE,  UNDER  NON-MONETARY  CONDI-
 TIONS, BAIL, OR NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL.
   §  4.  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 RISK OR THREAT OF
 PHYSICAL DANGER TO THE SAFETY AND SECURITY OF ANY PERSON OR THE COMMUNI-
 TY  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 AND SECURITY OF
 ANY 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:
   § 5. Paragraph (a) of subdivision 2 of section 530.20 of the  criminal
 procedure law, as amended by section 16 of part JJJ of chapter 59 of the
 laws of 2019, is amended to read as follows:
   (a) A city court, a town court or a village court may not order recog-
 nizance or bail when (i) the defendant is charged with a class A felony,
 A. 6957                            10
 
 [or]  (ii)  the defendant has two previous felony convictions, (III) THE
 DEFENDANT IS SERVING A SENTENCE OF FELONY PROBATION, (IV)  PARTICIPATING
 IN  INTERIM  PROBATION ON A FELONY CHARGE, OR (V) WHILE RELEASED TO POST
 RELEASE SUPERVISION;
   §  6.  Section  530.60 of the criminal procedure law is REPEALED and a
 new section 530.60 is added to read as follows:
 § 530.60 CERTAIN MODIFICATIONS OF A SECURING ORDER.
   1. WHENEVER IN THE COURSE OF A CRIMINAL ACTION OR PROCEEDING A DEFEND-
 ANT IS AT LIBERTY AS A RESULT OF AN ORDER OF RECOGNIZANCE, RELEASE UNDER
 NON-MONETARY CONDITIONS OR BAIL ISSUED PURSUANT TO THIS CHAPTER, AND THE
 COURT CONSIDERS IT NECESSARY TO REVIEW SUCH  ORDER,  WHETHER  DUE  TO  A
 MOTION  BY THE PEOPLE OR OTHERWISE, THE COURT MAY, BY A BENCH WARRANT IF
 NECESSARY, REQUIRE THE DEFENDANT TO APPEAR BEFORE THE COURT.  UPON  SUCH
 APPEARANCE,  THE  COURT,  FOR  GOOD CAUSE SHOWN, MAY REVOKE THE ORDER OF
 RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDITIONS,  OR  BAIL.  IF  THE
 DEFENDANT IS ENTITLED TO RECOGNIZANCE, RELEASE UNDER NON-MONETARY CONDI-
 TIONS,  OR  BAIL AS A MATTER OF RIGHT, THE COURT MUST ISSUE ANOTHER SUCH
 ORDER. IF THE DEFENDANT IS NOT, THE COURT MAY EITHER ISSUE SUCH AN ORDER
 OR COMMIT THE DEFENDANT TO THE CUSTODY OF THE SHERIFF IN ACCORDANCE WITH
 THIS SECTION.
   FOR THE PURPOSES OF THIS SUBDIVISION, "GOOD  CAUSE"  SHALL  MEAN:  THE
 PRINCIPAL FAILED TO APPEAR; THE PRINCIPAL HAS VIOLATED A COURT ORDER; OR
 THAT  THE COURT IS SATISFIED BY A PREPONDERANCE OF THE EVIDENCE THAT THE
 PRINCIPAL HAS BEEN CHARGED WITH ANY CRIME SINCE THE  ORDER  OF  RECOGNI-
 ZANCE, RELEASE UNDER NON-MONETARY CONDITIONS, OR BAIL WAS ENTERED.
   WHERE  THE DEFENDANT IS COMMITTED TO THE CUSTODY OF THE SHERIFF AND IS
 HELD ON A FELONY COMPLAINT, A NEW PERIOD AS PROVIDED IN  SECTION  180.80
 OF  THIS  CHAPTER SHALL COMMENCE TO RUN FROM THE TIME OF THE DEFENDANT'S
 COMMITMENT UNDER THIS SUBDIVISION UNLESS THE DEFENDANT PREVIOUSLY WAIVED
 OR CONDUCTED THEIR PRELIMINARY HEARING.
   2. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION OR  ANY  OTHER  LAW,
 WHENEVER  IN  THE  COURSE OF A CRIMINAL ACTION OR PROCEEDING A DEFENDANT
 CHARGED WITH THE COMMISSION OF AN OFFENSE IS AT LIBERTY AS A RESULT OF A
 SECURING ORDER ISSUED PURSUANT TO THIS ARTICLE OR SECTION 510.10 OF THIS
 TITLE IT SHALL BE GROUNDS FOR REVOKING SUCH ORDER  AND  COMMITTING  SUCH
 DEFENDANT  TO  THE CUSTODY OF THE SHERIFF WHEN THE COURT HAS FOUND, BY A
 PREPONDERANCE OF THE EVIDENCE, THAT THE DEFENDANT STANDS CHARGED IN SUCH
 ACTION OR PROCEEDING WITH  AN  OFFENSE  AND,  AFTER  BEING  SO  CHARGED,
 COMMITTED  A  SUBSEQUENT  OFFENSE  WHILE  AT LIBERTY AND, AFTER BEING SO
 CHARGED ON SUCH SUBSEQUENT OFFENSE,    COMMITTED  A  FURTHER  SUBSEQUENT
 OFFENSE.
   § 7. This act shall take effect immediately.