What's happening
This bill allows courts to set bail for individuals charged with the same offense three times within two years.
Why it matters
Targets repeat offenders. By allowing courts to set bail for those charged with the same offense three times in two years, this bill specifically addresses individuals who repeatedly engage in criminal behavior, potentially deterring recidivism through stricter pretrial conditions.
Increases judicial discretion. The bill gives judges more flexibility to impose bail or other conditions, rather than being bound to automatic release or non-monetary conditions, in cases involving chronic re-offenders—potentially improving public safety outcomes.
Could impact jail populations and fairness. While aiming to reduce repeat offenses, expanding bail eligibility may also increase the number of people held pretrial, raising concerns about the fairness and equity of bail decisions, especially for lower-income individuals.
Reflects a shift in bail reform policy. The proposed changes mark a partial departure from recent bail reform efforts that emphasized minimizing pretrial detention for most offenses, signaling a response to public concern over repeat criminal activity.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Allow Bail for Repeat Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
930
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. STECK -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to providing for the ability of a court to set bail for repeat offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 510.10 of the criminal procedure law, as amended by section 2 of subpart A of part VV of chapter 56 of the laws of 2023, is amended and a new subdivision 3-a is added to read as follows:
3. In cases other than as described in subdivision three-a or four of this section, the court shall release the principal pending trial on the principal's own recognizance, unless the court finds on the record or in writing that release on the principal's own recognizance will not reasonably assure the principal's return to court. In such instances, the court shall release the principal under non-monetary conditions as provided for in subdivision three-a of section 500.10 of this title that will reasonably assure the principal's return to court. The court shall explain its choice of securing order on the record or in writing.
3-a. In cases other than as described in subdivision four of this section, where the principal stands charged for the third time for the same offense within a period of two years, 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 an offense which is a felony, the court may commit the principal to the custody of the sheriff.
§ 2. Paragraph (a) of subdivision 1 of section 530.20 of the criminal procedure law, as amended by section 6 of subpart A of part VV of chap-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00685-01-5
ter 56 of the laws of 2023, is amended and a new paragraph (a-1) is added to read as follows:
(a) In cases other than as described in paragraph (a-1) or (b) of this subdivision, the court shall release the principal pending trial on the principal's own recognizance or release the principal pending trial under non-monetary conditions, the determination for which shall be made in accordance with subdivision one of section 510.10 of this title. The court shall explain the basis for its determination and choice of securing order on the record or in writing.
(a-1) In cases other than as described in paragraph (b) of this subdivision, where the principal stands charged for the third time for the same offense within a period of two years, 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 an offense which is a felony, the court may commit the principal to the custody of the sheriff.
§ 3. Subdivision 3 of section 530.40 of the criminal procedure law, as amended by section 8 of subpart A of part VV of chapter 56 of the laws of 2023, is amended and a new subdivision 3-a is added to read as follows:
3. In cases other than as described in subdivision three-a or four of this section the court shall release the principal pending trial on the principal's own recognizance or release the principal pending trial under non-monetary conditions, the determination for which shall be made in accordance with section 510.10 of this title. The court shall explain the basis for its determination and choice of securing order on the record or in writing.
3-a. In cases other than as described in subdivision four of this section, where the principal stands charged for the third time for the same offense within a period of two years, 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 an offense which is a felony, the court may commit the principal to the custody of the sheriff.
§ 4. This act shall take effect on the thirtieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.