S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7565
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 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  and  the  penal  law,  in
   relation to making all offenses qualifying offenses for bail where the
   principal  is  a non-citizen, requiring courts remand without bail any
   principal charged with an offense has  an  outstanding  United  States
   immigration  and customs enforcement detainer, including federal laws,
   rules, and regulations in the definition of offense,  allowing  police
   officers  to  detain certain non-citizens, and reinstating the maximum
   sentence for misdemeanors as three hundred  sixty-five  days;  and  to
   repeal certain provisions of the penal law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (t) and (u) of subdivision 4 of  section  510.10
 of  the  criminal  procedure law, paragraph (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,  are amended and a new paragraph (v) is added to read as
 follows:
   (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] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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 underly-
 ing crime. For the purposes of this subparagraph, any of the  underlying
 crimes  need not be a qualifying offense as defined in this subdivision.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09561-02-5
              

 A. 7565                             2
 
 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 accu-
 satory 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] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary 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[.];
 OR
   (V) ANY FELONY OR MISDEMEANOR AND SUCH PRINCIPAL IS A NON-CITIZEN.
   § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
 amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (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] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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  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] SUCH  PRINCIPAL'S  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[.]; OR
   (XXII) ANY FELONY OR MISDEMEANOR AND SUCH PRINCIPAL IS A NON-CITIZEN.
   §  3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (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] SUCH DEFENDANT'S own recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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 underly-
 A. 7565                             3
 
 ing 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 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 accu-
 satory 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] SUCH PRINCIPAL'S own  recog-
 nizance or under appropriate non-monetary 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[.];
 OR
   (V) ANY FELONY OR MISDEMEANOR AND SUCH PRINCIPAL IS A NON-CITIZEN.
   §  4.  The  criminal  procedure law is amended by adding a new section
 510.55 to read as follows:
 § 510.55 EFFECT OF UNITED STATES  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT
            DETAINER.
   NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS TITLE TO THE CONTRARY,
 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 AND
 HAS  AN  OUTSTANDING  UNITED  STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
 DETAINER, SUCH COURT SHALL COMMIT THE PRINCIPAL TO THE  CUSTODY  OF  THE
 SHERIFF.
   §  5.  The  criminal  procedure law is amended by adding a new section
 530.35 to read as follows:
 § 530.35 EFFECT OF UNITED STATES  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT
            DETAINER.
   NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS TITLE TO THE CONTRARY,
 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 AND
 HAS  AN  OUTSTANDING  UNITED  STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
 DETAINER, SUCH COURT SHALL COMMIT THE PRINCIPAL TO THE  CUSTODY  OF  THE
 SHERIFF.
   §  6.  Subdivision  1 of section 10.00 of the penal law, as amended by
 chapter 791 of the laws of 1967, is amended to read as follows:
   1. "Offense" means conduct for which a sentence to a term of imprison-
 ment or to a fine is provided by any law of this state or  by  any  law,
 local  law  or ordinance of a political subdivision of this state, or by
 any order,  rule  or  regulation  of  any  governmental  instrumentality
 authorized  by  law  to  adopt the same OR ANY FEDERAL IMMIGRATION LAWS,
 RULES, OR REGULATIONS.
   § 7. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  A  POLICE
 OFFICER  MAY  ARREST  A PERSON WHEN SUCH OFFICER HAS REASONABLE CAUSE TO
 BELIEVE SUCH PERSON IS A NON-CITIZEN AND IS  THE  SUBJECT  OF  A  UNITED
 STATES  IMMIGRATION  AND  CUSTOMS  ENFORCEMENT  DETAINER, ADMINISTRATIVE
 WARRANT, OR JUDICIAL WARRANT.
   § 8. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
   § 9. Subdivisions 1 and 3 of  section  70.15  of  the  penal  law,  as
 amended  by  section 1 of part OO of chapter 55 of the laws of 2019, are
 amended to read as follows:
   1. Class A misdemeanor. A sentence  of  imprisonment  for  a  class  A
 misdemeanor  shall  be  a  definite  sentence.  When  such a sentence is
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 imposed the term shall be fixed by  the  court,  and  shall  not  exceed
 [three hundred sixty-four days] ONE YEAR.
   3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
 sified misdemeanor shall be a definite sentence. When such a sentence is
 imposed the term shall be fixed by the court, and shall be in accordance
 with  the  sentence  specified  in the law or ordinance that defines the
 crime [but, in any event, it shall not exceed three  hundred  sixty-four
 days].
   §  10.  This act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.