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S18Senate2025-2026 Session

Allow Bail for Arson

Official title

“Relates to authorizing bail and pre-trial detention for arson felonies”

Sponsor James SkoufisSD-42+10 co-sponsorsAffects Legal
Status
Stricken
Impact
6/10
Moderate
Passage
19%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill adds certain arson charges to the list of offenses for which judges can set bail or detain defendants.

Why it matters

  1. Expands judicial discretion. By making third and fourth degree arson eligible for bail or securing orders, judges can now require financial or non-financial conditions for release, rather than being mandated to release individuals charged with these offenses automatically.

  2. Addresses property and public safety concerns. Third and fourth degree arson include intentionally or recklessly causing damage by fire, sometimes without direct intent to harm people. Including these offenses recognizes that even lower-level arson can pose serious risks to communities and property.

  3. Potential impact on defendants and jail populations. Individuals charged with these arson offenses may now face pretrial detention or stricter release conditions, potentially increasing jail populations and affecting those unable to pay bail, raising equity and due process considerations.

  4. Reflects evolving priorities in criminal law. The bill responds to criticism of previous bail reforms that excluded certain property crimes from bail eligibility, signaling a legislative shift toward balancing reform with concerns about repeat offenses and community safety.

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Who cares

Headline styles

Allow Bail for Arson

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
James Skoufis

Senator · Senate District 42

Chair, Investigations And Government Operations

History

  1. Recommit, enacting clause stricken
  2. Referred to codes

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

18

2025-2026 Regular Sessions

IN SENATE (Prefiled)

January 8, 2025

Introduced by Sens. SKOUFIS, BORRELLO, HELMING, MARTINS, MURRAY, OBER- ACKER, ORTT, PALUMBO, STEC, TEDISCO, WEIK -- 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 securing orders for principals charged with arson felony offenses

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "Billy's law".

§ 2. 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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00083-01-5

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) arson in the fourth degree as defined in section 150.05 of the penal law or arson in the third degree as defined in section 150.10 of the penal law.

§ 3. 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) arson in the fourth degree as defined in section 150.05 of the penal law or arson in the third degree as defined in section 150.10 of the penal law.

§ 4. 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) arson in the fourth degree as defined in section 150.05 of the penal law or arson in the third degree as defined in section 150.10 of the penal law.

§ 5. This act shall take effect on the ninetieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the criminal procedure law, in relation to securing orders for principals charged with arson felony offenses

Purpose

To add felony arson in the third degree and the fourth degree to the list of bail-eligible offenses

Summary of provisions

Section 1. This act shall be known as "Billy's Law"

Section 2. Amends paragraphs t and u of subdivision 4 of section 510.10 of the criminal procedure law and Section 2 of subpart b of p art UU of chapter 56 of the laws of 2022 to add felony arson in the third and fourth degree to the list of bail-eligible offenses

Section 3. Adds conforming language to section 530.20 of the CPL

Section 4. Adds conforming language to section 530.40 of the CPL

Section 5. Sets forth the effective date

Justification

On January 15, 2022, Forestburgh Assistant Fire Chief William "Billy" Steinberg tragically lost his life while courageously responding to a fire in the Town of Thompson, Sullivan County. At just 37 years old, his passing was a profound loss to his community. This bill is named in his honor.

The fire that claimed Billy's life was intentionally set by Mohammed Islam, a Brooklyn resident who unlawfully entered a home and ignited a fire in a dresser drawer. Mr. Islam was subsequently charged with second-degree burglary and fourth-degree arson.

However, this devastating incident could have been prevented. Mr. Islam had a history of arson-related offenses, having been charged with two prior incidents of arson. Yet, due to existing state bail laws, he was eligible for bail and was released, enabling him to commit the crime that ultimately led to Billy Steinberg's death.

This legislation seeks to address a critical gap in public safety by adding arson in the third degree and arson in the fourth degree- both felony offenses-to the list of bail-eligible crimes. Had these provisions been in place, Mr. Islam could have been held in custody, potentially preventing the tragedy that took Billy Steinberg's life.

The objective of this bill is to strengthen public safety measures and provide judges with the necessary tools to safeguard communities from dangerous arsonists. Further, this legislation is aimed at honoring Billy's life and preventing further senseless deaths.

Prior legislative history

Senate

2022: S8181, Reported and Committed to Finance

2023: S4570, Referred to Codes

2024: S4570, Referred to Codes

Assembly

2022: A9381, Referred to Codes

2023: A5070, Referred to Codes

2024: A5070, Referred to Codes

Fiscal implications for state and local governments

None

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.