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S T A T E O F N E W Y O R K
________________________________________________________________________
459
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sen. PALUMBO -- 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 allowing
judges more options for when to impose bail or commit the principal to
the custody of the sheriff
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 4 of section 510.10 of the
2 criminal procedure law, as amended by section 2 of part UU of chapter 56
3 of the laws of 2020, is amended and a new paragraph (j-1) is added to
4 read as follows:
5 (a) a felony enumerated in section 70.02 of the penal law[, other than
6 robbery in the second degree as defined in subdivision one of section
7 160.10 of the penal law], provided, however, that burglary in the second
8 degree as defined in subdivision two of section 140.25 of the penal law
9 shall be a qualifying offense only where the defendant is charged with
10 entering the living area of the dwelling;
11 (J-1) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY;
12 § 2. Subparagraph (i) of paragraph (b) of subdivision 1 of section
13 530.20 of the criminal procedure law, as amended by section 3 of part UU
14 of chapter 56 of the laws of 2020, is amended and a new subparagraph
15 (x-1) is added to read as follows:
16 (i) a felony enumerated in section 70.02 of the penal law[, other than
17 robbery in the second degree as defined in subdivision one of section
18 160.10 of the penal law], provided, however, that burglary in the second
19 degree as defined in subdivision two of section 140.25 of the penal law
20 shall be a qualifying offense only where the defendant is charged with
21 entering the living area of the dwelling;
22 (X-1) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00628-01-5
S. 459 2
1 § 3. Paragraph (a) of subdivision 4 of section 530.40 of the criminal
2 procedure law, as amended by section 4 of part UU of chapter 56 of the
3 laws of 2020, is amended and a new paragraph (j-1) is added to read as
4 follows:
5 (a) a felony enumerated in section 70.02 of the penal law[, other than
6 robbery in the second degree as defined in subdivision one of section
7 160.10 of the penal law], provided, however, that burglary in the second
8 degree as defined in subdivision two of section 140.25 of the penal law
9 shall be a qualifying offense only where the defendant is charged with
10 entering the living area of the dwelling;
11 (J-1) A CRIME WHICH RESULTED IN DEATH OR SERIOUS PHYSICAL INJURY;
12 § 4. This act shall take effect on the first of November next succeed-
13 ing the date upon which it shall have become a law.