Bill > A06957

This bill expands judicial discretion in setting bail and pretrial release conditions by modifying existing criminal procedure law. The legislation allows judges more flexibility in imposing bail or committing defendants to custody when they are charged with certain qualifying offenses, including felonies and specific misdemeanors. Key changes include broadening the list of qualifying offenses that can trigger stricter pretrial restrictions, such as crimes involving domestic violence, hate crimes, offenses against children, and crimes committed while on probation or post-release supervision. The bill also introduces new standards for reviewing and potentially revoking existing pretrial release orders, specifically allowing courts to revoke recognizance or bail if a defendant commits subsequent offenses or violates court orders. Additionally, the legislation requires courts to make individualized assessments of a defendant's potential risk to public safety and flight risk when determining pretrial release conditions, mandating that judges explain their rationale for securing orders on the record. These modifications aim to give courts more tools to manage potentially dangerous defendants while maintaining the presumption of innocence and defendants' rights.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A6957