Bill > A05748

This bill amends the New York Criminal Procedure Law to expand the factors judges must consider when determining whether to issue a securing order (a legal mechanism for holding a defendant in custody before trial). Specifically, the bill adds a requirement that judges evaluate a defendant's identifiable ties to the community, state, and/or county when making this decision. These ties can include residence, employment, enrollment in an educational institution, and immediate family connections. The bill seeks to provide judges with a more comprehensive view of a defendant's local connections and roots when assessing the potential risk of flight or community threat. By requiring consideration of these community ties, the legislation aims to make the pre-trial detention decision-making process more nuanced, potentially allowing defendants with strong local connections to be more easily considered for release. The law will take effect on the first day of November following its passage, giving courts and legal professionals time to prepare for the new considerations in securing order determinations.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A5748