What's happening
This bill adds crimes causing physical, psychological, or emotional harm to children under 18 as qualifying offenses for bail.
Why it matters
Expands judicial discretion. The bill significantly broadens the range of offenses for which courts can impose bail by including any crime where a child under 18 is alleged to have suffered physical, psychological, or emotional harm—not just serious or violent offenses.
Potential increase in pretrial detention. By making all alleged harm-to-child cases eligible for bail, more defendants—including those accused of nonviolent or lower-level offenses—may face pretrial detention if they cannot afford bail.
Impacts child protection and defendant rights. The measure aims to enhance protections for children by addressing a wider spectrum of alleged harms, but it may also raise concerns about fairness, due process, and the risk of disproportionately affecting low-income individuals or caregivers.
Reflects changing priorities in pretrial policy. This amendment signals a shift from recent bail reform efforts that limited pretrial incarceration, highlighting legislative concern about child safety and community trust in the justice system’s handling of child-related offenses.
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Who cares
Child Advocacy Organizations and Child Welfare Groups
These organizations care because the bill expands the list of offenses for which bail can be imposed to include any crime alleged to have caused physical, psychological, or emotional harm to a child under 18, potentially increasing protections for vulnerable children.
Law Enforcement and Prosecutors
Police and district attorneys will pay close attention as the bill gives them additional tools to request bail in child harm cases, thus impacting their approach to pretrial detention and public safety.
Criminal Justice Reform Advocates
Groups concerned with bail reform and pretrial justice will be interested, as the bill effectively rolls back some bail reforms by making it easier to detain more defendants pretrial, especially in cases involving alleged harm to children.
- Likely concerns
Parents and Families
Families of both alleged victims and defendants will be affected by the increased likelihood of pretrial detention in cases involving harm to minors, influencing their support or opposition to the bill.
Headline styles
Add Child Harm to Bail List
Plain English, a few words. Used as the page title.
Sponsors
4 Co-sponsors
History
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Add Child Harm to Bail List
In Senate Committee · Rules · Sponsor Dean Murray
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11713
IN ASSEMBLY
September 16, 2026
Introduced by COMMITTEE ON RULES -- (at request of M. of A. DeStefano) -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to including certain violations involving children as qualifying offenses for the purpose of imposing bail
The People of the State of New York, represented in Senate and Assembly, 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 identifiable 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] their own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance 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 underlying 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 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] their own recognizance 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16281-01-6
a firearm to a minor as defined in section 265.16 of the penal law[.]; or
(v) any crime where the principal is alleged to have caused physical, psychological, or emotional harm to a child less than eighteen years old.
§ 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 subparagraph (xxii) is added to read as follows:
(xx) any 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 where such charge arose from conduct occurring while the defendant was released on [his or her] their own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance 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 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 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] their 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 crime where the principal is alleged to have caused physical, psychological, or emotional harm to a child less than eighteen years old.
§ 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 identifiable 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] their own recognizance, released under conditions, or had yet to be arraigned after the issuance of a desk appearance 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 underlying 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 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] their own recognizance 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 crime where the principal is alleged to have caused physical, psychological, or emotional harm to a child less than eighteen years old.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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