What's happening
This bill allows judges to set bail for people charged with felony driving while intoxicated offenses in New York.
Why it matters
Expands judicial discretion in pretrial release. By allowing judges to set bail for felony DWI charges, the bill gives courts more flexibility to detain individuals accused of serious intoxicated driving offenses, rather than automatically releasing them.
Potentially increases pretrial detention. People charged with felony DWI may now face time in jail before trial if they cannot afford bail, which could impact their employment, family obligations, and legal defense.
Signals heightened concern about repeat or serious DWI offenses. Including felony DWI in the list of offenses eligible for bail underscores the legislature’s intent to treat these cases as significant threats to public safety, possibly in response to repeat offenders or incidents causing severe harm.
Could affect DWI case outcomes and plea negotiations. The threat of pretrial detention may encourage more plea bargains or quicker resolutions, but could also be criticized as pressuring defendants who are unable to pay bail, raising concerns about fairness and equity in the criminal justice system.
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Who cares
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Allow Bail for DWI Felonies
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History
- Referred to codes
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
935
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to authorizing bail for principals charged with certain driving while intoxicated offenses
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] 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01310-01-5
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[.]; or
(v) felony driving while under the influence of alcohol or drugs offenses pursuant to sections eleven hundred ninety-two and eleven hundred ninety-three of the vehicle and traffic 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 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] 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[.]; or
(xxii) felony driving while under the influence of alcohol or drugs offenses pursuant to sections eleven hundred ninety-two and eleven hundred ninety-three of the vehicle and traffic 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 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] 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[.]; or
(v) felony driving while under the influence of alcohol or drugs offenses pursuant to sections eleven hundred ninety-two and eleven hundred ninety-three of the vehicle and traffic law.
§ 4. This act shall take effect immediately.
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