Bill > A05212

This bill amends the New York Criminal Procedure Law to expand judicial discretion in setting bail and committing defendants to sheriff's custody for certain serious crimes. Specifically, the bill removes a previous exclusion for robbery in the second degree and adds two key categories of offenses that will now be considered "qualifying offenses" for bail and custody determinations: burglary in the second degree (when the defendant is charged with entering a living area) and crimes that result in death or serious physical injury. The changes apply to multiple sections of the criminal procedure law related to bail and pretrial detention, effectively giving judges more flexibility in determining whether a defendant should be held in custody before trial based on the nature and severity of the alleged crime. By broadening the list of qualifying offenses, the bill aims to enhance judicial discretion in making pretrial detention decisions that balance public safety concerns with defendants' rights. The bill will take effect on November 1st following its passage into law.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A5212