Bill Text: NY S00578 | 2025-2026 | General Assembly | Introduced

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Bill Title: Authorizes a court to set bail or commit a principal to custody where the principal has been designated a sex offender.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00578 Detail]

Download: New_York-2025-S00578-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           578

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sen. HELMING -- 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 offenses  for
          which  a  court  may  fix bail or commit a principal to 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.  Subdivision 1 of section 510.10 of the criminal procedure
     2  law is amended by adding a new paragraph (e-1) to read as follows:
     3    (e-1) The  principal  has  been designated  a sex offender under arti-
     4  cle six-C of the correction law;
     5    § 1-a. Subdivision 3 of section 510.10 of the criminal procedure  law,
     6  as  amended  by  section  2 of subpart A of part VV of chapter 56 of the
     7  laws of 2023, is amended to read as follows:
     8    3. In cases other than  as  described  in  subdivision  four  of  this
     9  section,  the  court  shall  release  the principal pending trial on the
    10  principal's own recognizance, unless the court finds on the record or in
    11  writing that: (a) release on the principal's own recognizance  will  not
    12  reasonably assure the principal's return to court; or (b) that the prin-
    13  cipal  has  been designated as a sex offender under article six-C of the
    14  correction law. In such instances, the court shall release the principal
    15  under non-monetary conditions as provided for in subdivision three-a  of
    16  section 500.10 of this title that will reasonably assure the principal's
    17  return to court; provided, however, where the principal has been  desig-
    18  nated    a  sex  offender under article six-C of the correction law, the
    19  court may in its discretion  fix  bail or commit the  principal  to  the
    20  custody  of the sheriff. The court shall explain its [choice of securing
    21  order] determination and conditions on the record or in writing.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01262-01-5
        S. 578                              2

     1    § 2. Paragraph (b) of subdivision 1 of section 530.20 of the  criminal
     2  procedure  law  is amended by adding a new subparagraph (v-1) to read as
     3  follows:
     4    (v-1)  a sex offense under article six-C of the correction law and has
     5  been designated  a sex offender;
     6    § 3. Subdivision 4 of section 530.40 of the criminal procedure law  is
     7  amended by adding a new paragraph (e-1) to read as follows:
     8    (e-1)  a sex offense under article six-C of the correction law and has
     9  been designated  a sex offender;
    10    §  4.  This  act shall take effect on the thirtieth day after it shall
    11  have become a law.