What's happening
This bill allows courts to set bail in cases involving promoting or compelling prostitution and labor trafficking offenses.
Why it matters
Expands judicial discretion. By making promoting or compelling prostitution and labor trafficking offenses eligible for bail, the bill gives courts more flexibility to detain individuals accused of serious exploitation-related crimes, rather than requiring automatic release or non-monetary conditions.
Targets human trafficking networks. The offenses added to the bail-eligible list are often linked to organized crime and trafficking rings. Allowing bail in these cases may help disrupt such operations by keeping key suspects in custody before trial.
Responds to public safety concerns. The change reflects lawmaker concerns that automatic release for these offenses could endanger victims or witnesses, or allow accused traffickers and exploiters to continue harmful activities while awaiting trial.
Signals a policy shift. This amendment marks a move away from recent bail reforms that generally limited pretrial detention, indicating a legislative reassessment of which crimes warrant stricter pretrial measures for public protection.
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Who cares
Criminal court judges
The bill would allow judges to set bail for the specified promoting or compelling prostitution offenses and for labor trafficking and aggravated labor trafficking.
District attorneys
Prosecutors could seek bail on these charges under the expanded list of qualifying offenses.
Defendants and criminal defense attorneys
People charged with these offenses would face the possibility of bail rather than only release on recognizance or nonmonetary conditions.
Victims of prostitution-related crimes and labor trafficking
The bill would change the pretrial release options available in cases involving the specified offenses against them.
Headline styles
Expand Bail for Trafficking Crimes
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1586
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
Introduced by M. of A. PAULIN, BRABENEC -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the application of bail in certain prostitution cases and labor trafficking cases
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 two new paragraphs (v) and (w) are 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] such defendant's 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] such principal's own recognizance or under appropriate non-monetary conditions; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04568-01-5
(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[.];
(v) a crime involving promoting prostitution under section 230.25, 230.30 or 230.32 of the penal law or compelling prostitution as defined in section 230.33 of the penal law; or
(w) labor trafficking as defined in section 135.35 of the penal law or aggravated labor trafficking as defined in section 135.37 of the penal law.
§ 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 two new subparagraphs (xxii) and (xxiii) are 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] such defendant's 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] 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 of a firearm to a minor as defined in section 265.16 of the penal law[.];
(xxii) a crime involving promoting prostitution under section 230.25, 230.30 or 230.32 of the penal law or compelling prostitution as defined in section 230.33 of the penal law; or
(xxiii) labor trafficking as defined in section 135.35 of the penal law or aggravated labor trafficking as defined in section 135.37 of the penal law.
§ 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 two new paragraphs (v) and (w) are 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] such defendant's 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] such principal's 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[.];
(v) a crime involving promoting prostitution under section 230.25, 230.30 or 230.32 of the penal law or compelling prostitution as defined in section 230.33 of the penal law; or
(w) labor trafficking as defined in section 135.35 of the penal law or aggravated labor trafficking as defined in section 135.37 of the penal law.
§ 4. This act shall take effect on the sixtieth day after it shall have become a law.
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