Bill > A06343

This bill amends the New York criminal procedure law to expand the criteria courts can use when determining bail by allowing judges to consider whether a defendant (referred to as a "principal") poses a current physical danger to crime victims, specific individuals, or the broader community. Specifically, the bill modifies existing law to explicitly include an assessment of potential physical danger alongside the existing requirement to evaluate flight risk. When setting bail, courts must now make an individualized determination that takes into account not just the likelihood of a defendant returning to court, but also the potential risk they might present to public safety. The bill requires judges to explain their reasoning for bail decisions either verbally on the record or in writing, ensuring transparency in how they weigh these new safety considerations. This change represents a significant adjustment to bail determination procedures, potentially giving judges more discretion to detain individuals who are deemed to pose a substantial threat to others, even if they are not considered a flight risk.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A6343