S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    32
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  TEDISCO,  BORRELLO,  GRIFFO,  HELMING, OBERACKER,
   O'MARA, ORTT, STEC, WEIK -- read twice and ordered printed,  and  when
   printed to be committed to the Committee on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to setting bail
   for defendants who 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.  Subdivision 1 of section 510.10 of the criminal procedure
 law, as amended by section 1 of subpart C of part UU of  chapter  56  of
 the  laws  of  2022 and the opening paragraph 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:
   1.  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
 individualized determination as to whether the principal poses a risk of
 flight to avoid prosecution, consider the kind and degree of control  or
 restriction  necessary  to  reasonably  assure the principal's return to
 court, and select a securing order  consistent  with  its  determination
 under  this subdivision OR THE COURT SHALL MAKE AN INDIVIDUALIZED DETER-
 MINATION  BASED  ON THE PRINCIPAL'S RECORD OF A PRIOR FELONY CONVICTION,
 A FAILURE TO APPEAR IN COURT OR IF THE PRINCIPAL IS ARRESTED DURING  THE
 INTERIM   PERIOD WHILE AWAITING  A  PRELIMINARY  HEARING  OR  TRIAL  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:
   (a) The principal's activities and history;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00129-01-5
 S. 32                               2
 
   (b) If the principal is a defendant, the charges facing the principal;
   (c) The principal's criminal conviction record if any;
   (d)  The  principal's  record  of  previous adjudication as a juvenile
 delinquent, as retained pursuant to section 354.1 of  the  family  court
 act,  or,  of  pending cases where fingerprints are retained pursuant to
 section 306.1 of such act, or a youthful offender, if any;
   (e) The principal's previous record with respect to  flight  to  avoid
 criminal prosecution;
   (f)  If monetary bail is authorized, according to the restrictions set
 forth in this title, the principal's individual financial circumstances,
 and, in cases where bail is authorized, the principal's ability to  post
 bail  without posing undue hardship, as well as [his or her] THE PRINCI-
 PAL'S ability to obtain a secured, unsecured, or partially secured bond;
   (g) Any violation by the principal of an order of protection issued by
 any court;
   (h) The principal's history of use or possession of a firearm;
   (i) Whether the charge is alleged to have caused serious  harm  to  an
 individual or group of individuals; and
   (j) If the principal is a defendant, in the case of an application for
 a  securing  order  pending  appeal,  the  merit or lack of merit of the
 appeal.
   § 2. This act shall take effect immediately.