NY State Senate Bill 2025-S3295

Senate Bill S3295

2025-2026 Legislative Session

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses

download bill text pdf

Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2025	referred to codes

2025-S3295 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7106
2021-2022: S6153
2023-2024: S5252

2025-S3295 (ACTIVE) - Summary

Ensures repeat offenders qualify for bail and pre-trial detention when the principal has been convicted of one or more misdemeanor or felony offenses within the immediate preceding five years.

2025-S3295 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3295

SPONSOR: WEIK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to ensuring
repeat offenders qualify for bail and pre-trial detention

 
PURPOSE:

To provide courts with the discretion to issue bail for repeat offen-
ders.

 
SUMMARY OF PROVISIONS:

Sections 1-3. Grant courts the discretion to issue bail for a defendant
that is charged with a misdemeanor or felony offense if they have a
prior conviction of one or more misdemeanor or felony offenses within
the immediate preceding five years.

Section 4. Establishes effective date.

 
JUSTIFICATION:

This bill seeks to address one of the major flaws of bail reform legis-
lation that was hastily passed in the 2019-2020 budget. Under bail
reform, repeat offenders will continue to be released pending trial as
long as the crime they have committed is not a "qualifying" offense. Law
enforcement will continue to see the same individuals repeatedly without
the ability of getting them off the streets. In two recent incidents,
for example, Steven Haynes assaulted a NYPD police officer, and despite
twenty-four prior arrests, the court was prohibited from issuing bail.
Tiffany Harris, punched two Jewish women in an anti-Semitic attack but
the courts were forced to release her. The following day, she attacked
another woman and the courts were once again forced to release her pend-
ing trial. This legislation would give courts the discretion to issue
bail or hold an individual pending trial if they have shown a pattern of
breaking the law.

 
LEGISLATIVE HISTORY:  2023: S5252 Codes

2022: S6153 Codes

 
FISCAL IMPLICATIONS:

None to the State

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3295 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3295
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2025
                                ___________
 
 Introduced  by  Sen.  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  ensuring
   repeat offenders qualify for bail and pre-trial detention
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and paragraphs (t) and (u) of  subdi-
 vision  4  of  section 510.10 of the criminal procedure law, the opening
 paragraph as amended by section 2 of subpart A of part VV of chapter  56
 of the laws of 2023, 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:
   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:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05528-01-5

 S. 3295                             2
 
 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.
 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) A MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL  HAS  BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   §  2.  The opening paragraph and subparagraphs (xx) and (xxi) of para-
 graph (b) of subdivision 1 of section 530.20 of the  criminal  procedure
 law,  the opening paragraph as amended by section 6 of subpart A of part
 VV of chapter 56 of the laws of 2023, 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  subparagraph
 (xxii) is added to read as follows:
   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 princi-
 pal 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:
   (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
 S. 3295                             3
 
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII)  A  MISDEMEANOR  OR  FELONY  OFFENSE AND THE PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 3. The opening paragraph and paragraphs (t) and (u) of subdivision 4
 of section 530.40 of the criminal procedure law, the  opening  paragraph
 as  amended  by  section  8 of subpart A of part VV of chapter 56 of the
 laws of 2023, 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:
   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:
   (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.
 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)  A  MISDEMEANOR  OR  FELONY  OFFENSE  AND  THE  PRINCIPAL HAS BEEN
 CONVICTED OF ONE OR MORE MISDEMEANOR OR FELONY OFFENSES WITHIN THE IMME-
 DIATE PRECEDING FIVE YEARS.
   § 4. This act shall take effect immediately.

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