CONFIDENTIAL: Public Safety Package

1. Bail Reform: For the Most Serious Felonies, Allow Bail Determinations to Be Informed by Factors
Including Criminal History and History of Firearm Use and Possession
Summary: For the most serious felonies, similar to the legislative model already adopted in New York State
law for domestic violence cases, judges will be allowed to set bail not based solely on the “least restrictive”
conditions deemed necessary to ensure a return to court. The statute will set forth specific criteria on
which judges will base their determinations, including criminal history and history of firearm
use/possession.
Proposed Language:
CPL § 510.10 Securing order; when required; alternatives available; standard to be applied.
…
1-a. Notwithstanding the provision of subdivision 1, if the principal is charged with Murder
in the first degree as defined in section 125.27 of the penal law, Murder in the second
degree as defined in section 125.25 of the penal law, Aggravated Murder as defined in section
125.26 of the penal law, Manslaughter in the first degree as defined in section §125. 20 of
the penal law, Manslaughter in the second degree as defined in section 125. 15 of the penal
law, Aggravated Criminally Negligent Homicide as defined in section 125.11 of the penal law,
Aggravated Manslaughter in the second degree as defined in section 125.21 of the penal law,
Aggravated Manslaughter in the first degree as defined in section 125.22 of the penal law,
Criminal Use of a Firearm in the second degree as defined in section 265.08 of the penal law,
Criminal Use of a Firearm in the first degree as defined in section 265.09 of the penal law,
Criminal Possession of a Weapon in the second degree as defined in section 265.03 of the
penal law, Criminal Possession of a Weapon in the first degree as defined in section 265.04
of the penal law, Criminal Possession of a Weapon in the third degree as defined in section
265.02 of the penal law (when the weapon is a machine -gun, firearm, rifle or shotgun),
Criminal Possession of a Weapon on school grounds as defined in section 265.01-a of the penal
law, or Assault in the first degree as defined in section 120.10 of the penal law (with an
underlying weapon/gun charge), and comes under the control of the court, such court is
authorized to fix bail or commit the principal to the custody of the sheriff in order to
reasonably assure the safety of any person or persons or the community upon a finding of one
or more of the following:
a. a violation of an order of protection issued by any court for the protection of another
whether or not such order of protection is currently in effect; or
b. a history of use or possession of a firearm; or
c. a violent felony conviction within the last five years exclusive of time spent in jail or
prison or a significant criminal history that demonstrates a high probability that the
principal will reoffend prior to the resolution of his or her case; or
d. a credible and current threat of serious harm to an identified individua l or number of
individuals; or
e. a clear and imminent risk of flight based upon a pattern of failures to appear on
scheduled court dates and a weighing of the nature of the charge, including the potential
sentence.

2. Bail Reform: Make Repeat Offenses Subject to Arrest and Bail-Eligible

Summary: For offenses that are not currently subject to arrest, police will have the ability (though not the
requirement) to deny a Desk Appearance Ticket (DAT) and arrest an individual who has previously
received a DAT within eighteen months. All second offenses within a certain period of time will be bail-
eligible.
Proposed Language:
CPL § 150.20 Appearance ticket; when and by whom issuable.

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b) An officer is not required to issue an appearance ticket if:
(i) the person has one or more outstanding local criminal court or Superior court warrants ;
(ii) the person has failed to appear in court proceedings in the last two years;
(iii) the person has received an appearance ticket or has been charged in the prior eighteen
months, exclusive of time spent in jail or prison;
* * * * *
CPL § 530.40 Order of recognizance, release under non -monetary conditions or bail; by
superior court when action is pending therein.
When a criminal action is pending in a superior court, such court, upon application of a
defendant, must or may order recognizance or bail as follows:
…
4. Where the principal stands charged with a qualifying offense, the court, unless otherwise
prohibited by law, may in its discretion release the principal pending trial on the
principal's own recognizance or under non-monetary conditions, fix bail, or, where the
defendant is charged with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. The court shall explain its choice of release,
release with conditions, bail or remand on the record or in writing. A principal stands
charged with a qualifying offense for the purposes of this subdivision when he or she stands
charged with:
…
(t) any felony or class A misdemeanor involving harm to an identifiable person or property,
where such charge arose from conduct occurring while the defendant was released on his or her
own recognizance or released under conditions 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.

3. Bail Reform: Make Certain Gun-Related Offenses, Hate Crimes Offenses, and Subway Crime Offenses
Subject to Arrest and Not DAT
Summary: Certain offenses which presently are subject to desk appearance tickets will be made only
eligible for arrest.
Proposed Language:
CPL § 150.20 Appearance ticket; when and by whom issuable.
b) An officer is not required to issue an appearance ticket if:

…
(ix) criminal possession of a firearm as defined in section 265.01-b of the penal law,
criminal possession of a weapon on school grounds as defined in section 265.01-a of the penal
law, criminal possession of a weapon in the third degree as defined in section 265.02 (3), or
criminal sale of a firearm to a minor as defined in section 265.16 of the penal law;
(x) the person is charged with a hate crime as that is defined in article 485.05 of the penal
law;
(xi) the person has committed a crime against a person or employee while in any train, bus or
facility operated by the Metropolitan Transportation Authority or the Port Authority of New
York and New Jersey for the purpose of providing public transportation.

4. Bail Reform: Make Gun-Related Offenses Bail-Eligible

Summary: Certain gun-related offenses will be made bail-eligible.
Proposed Language:

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CPL § 510.10 Securing order; when required; alternatives available; standard to be applied.
4. Where the principal stands charged with a qualifying offense, the court, unless otherwise
prohibited by law, may in its discretion release the principal pending trial on the
principal's own recognizance or under non-monetary conditions, fix bail, or, where the
defendant is charged with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. A principal stands charged with a qualifying offense
for the purposes of this subdivision when he or she stands charged with:
…
(u) criminal possession of a firearm as defined in section 265.01 -b of the penal law,
criminal possession of a weapon in the third degree as defined in section 265.02 (3), or
criminal sale of a firearm to a minor as defined in section 265.16 of the penal law;

5. Make It Easier to Prosecute Gun Trafficking

Summary: This will reduce the number of guns someone has to sell to be subject to penalties for gun
trafficking. Currently, ten guns must be involved for someone to be charged with a class B felony; and five
guns must be involved for someone to be charged with a class C felony. Following legislation that has
already been introduced in both houses (S. 8173/A.09041), this will reduce these thresholds to three and
two guns, respectively, within a one-year period, and make the possession of three or more firearms
presumptive evidence of intent to sell.
Proposed Language:
PEN § 265.12 Criminal sale of a firearm in the second degree.
A person is guilty of criminal sale of a firearm in the second degree when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another five or more firearms; or
(2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of
five two or more firearms in a period of not more than one year.
Criminal sale of a firearm in the second degree is a class C felony.
* * * * *
PEN § 265.13 Criminal sale of a firearm in the first degree.
A person is guilty of criminal sale of a firearm in the first degree when such person:
(1) unlawfully sells, exchanges, gives or disposes of to another ten or more firearms; or
(2) unlawfully sells, exchanges, gives or disposes of to another person or persons a total of
ten three or more firearms in a period of not more than one year.
Criminal sale of a firearm in the first degree is a class B felony.
* * * * *
PEN § 265.15 Presumptions of possession, unlawful intent and defacement.
…
6. The possession of five three or more firearms by any person is presumptive evidence that
such person possessed the firearms with the intent to sell same.

6. Targeted Reforms of the Discovery Statute

Summary: Three changes will improve the discovery statute: (1) Allow prosecutors to be deemed in
“substantial compliance” with the discovery statute; right now, a case can be dismissed for failure to turn
over any document, even if all of its contents have previously been provided in a different form. (2) Make a
conforming/technical change to enable a case to proceed once a prosecutor has turned over all locatable
materials; language in the current law providing for unavailable materials appears in CPL 245.50 (3) but is
missing from CPL 245.80 (1)(b) and therefore cannot be effectuated. (3) Exclude traffic infractions from
the discovery requirements; the burden is substantial and is making it very hard to pursue traffic
infractions.

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Proposed Language:
CPL § 245.50 Certificates of compliance; readiness for trial.
1. By the prosecution. When the prosecution has substantially complied with their discovery
obligations provided the discovery required by subdivision one of section 245.20 of this
article, except for discovery that is lost or destroyed as provided by paragraph (b) of
subdivision one of section 245.80 of this article and except for any items or information
that are the subject of an order pursuant to section 245.70 of this article, it shall serve
upon the defendant and file with the court a certificate of compliance. The People have
substantially complied with their di scovery obligations when they have disclosed all items
and information required by the People to present their case at trial. The certificate of
compliance shall state that, after exercising due diligence and making reasonable inquiries
to ascertain the existence of material and information subject to discovery, the prosecutor
has disclosed and made available all known material and information subject to discovery
required by the People to present their case at trial . It shall also identify the items
provided. If When additional discovery is subsequently provided prior to trial pursuant to
section 245.60 of this article, in satisfaction of the People’s obligation to disclose all
items and information related to the subject matter of the case, a supplemental certificate
shall be served upon the defendant and filed with the court identifying the additional
material and information provided. No adverse consequence to the prosecution or the
prosecutor shall result from the filing of a certificate of compliance in good faith and
reasonable under the circumstances, and a certificate of compliance filed in good faith and
reasonable under the circumstances shall not be an impediment to filing a statement of
readiness pursuant to subdivision three of section 245.50 of this article; but the court may
grant a remedy or sanction for a discovery violation as provided in section 245.80 of this
article.
* * * * *
CPL § 245.80 Remedies or sanctions for non-compliance.
1. Need for remedy or sanction.
…
(b) When material or information is discoverable under this article but cannot be disclosed
because it has been lost, or destroyed, or is otherwise unavailable, the court shall impose
an appropriate remedy or sanction if the party entitled to disclosure shows that the lost or
destroyed material may have contained some information relevant to a contested issue. The
appropriate remedy or sanction is that which is proportionate to the potential ways in which
the lost or destroyed material reasonably could have been helpful to the party entitled to
disclosure. Material or information is “otherwise unavailable” when it is not in the actual
possession of the prosecutor despite diligent and good faith efforts, reasonable under the
circumstances.
* * * * *
CPL § 245.10 Timing of discovery.
…
(ii) When the defendant is not in custody during the pendency of the criminal case, the
prosecution shall perform its initial discovery obligations within thirty -five calendar days
after the defendant's arraignment on an indictment, superior court information, prosecutor's
information, information, simplified information, misdemeanor complaint or felony complaint.
(iii) Notwithstanding the timelines contained in the opening paragraph of this paragraph, the
prosecutor's discovery obligation under subdivision one of section 245.20 of this article
shall be performed as soon as practicable, but not later than fifteen days before the trial
of a simplified information charging a traffic infraction under the vehicle and traffic law,
or by an information charging one or more petty offenses as defined by the municipal code of
a village, town, city, or county, that do not carry a statutorily authorized sentence of
imprisonment, and where the defendant stands charged before the court with no cri me or
offense, provided however that nothing in this subparagraph shall prevent a defendant from
filing a motion for disclosure of such items and information under subdivision one of such
section 245.20 of this article at an earlier date.
Notwithstanding the previous provisions of this section, the prosecutor’s obligations shall
not apply to a simplified information charging a traffic infraction under the vehicle and
traffic law, or to an information charging one or more petty offenses as defined by the

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municipal code of a village, town, city, or county, that do not carry a statutorily
authorized sentence of imprisonment, and where the defendant stands charged before the court
with no crime or offense, provided however that nothing in this subparagraph shall prevent a
defendant from filing a motion for disclosure of such items and information under subdivision
one of section 245.20 of this article.

7. Targeted Reforms of the Raise the Age Statute

Summary: We have seen a dramatic increase in the number of teens under eighteen carrying guns, with
juvenile gun arrests up from 174 in 2018 to 439 in 2021. More than a quarter of these had a prior gun
arrest. The Raise the Age statute will be amended in three narrow ways: First, gun possession will be
sufficient to allow, but not require, a judge to keep a case in criminal court; right now, prosecutors must
show that the firearm was displayed. Second, the law will give Youth Part judges the authority to access to
Family Court records, and all parties to a Youth Part proceeding would have access to Family Court records
for the purposes of setting bail, determining appropriate resource needs of the defendant, and sentencing
recommendations. The records that are made available to the prosecution and defense can be resealed
following the resolution of the case. Finally, a gap in the statute — when defendants who are alleged to
have committed a crime before the age of eighteen are not arraigned until they turn eighteen, in most cases,
no court has jurisdiction over the offense — will be addressed by granting jurisdiction to Family Court over
any person who is charged with committing a crime when they were under eighteen.
Proposed Language:
CPL § 722.23 Removal of adolescent offenders to family court.
…
2. (c) The court shall order the action to proceed in accordance with subdivision one of this
section unless, after reviewing the papers and hearing from the parties, the court determines
in writing that the district attorne y proved by a preponderance of the evidence one or more
of the following as set forth in the accusatory instrument:
…
(ii) the defendant possessed displayed a firearm, shotgun, rifle or deadly weapon as defined
in the penal law in furtherance of such offense; or
* * * * *
CPL § 722.10 Youth part of the superior court established.
1. The chief administrator of the courts is hereby directed to establish, in a superior court
in each county of the state, a part of the court to be kn own as the youth part of the
superior court for the county in which such court presides. Judges presiding in the youth
part shall be family court judges, as described in article six, section one of the
constitution and shall have access to all family court records. The youth part shall make
available all relevant family court records to the parties in an action before the youth
part. (b) To aid in their work, such judges shall receive training in specialized areas,
including, but not limited to, juvenile justice, adolescent development, custody and care of
youths and effective treatment methods for reducing unlawful conduct by youths, and shall be
authorized to make appropriate determinations within the power of such superior court with
respect to the cases of youths assigned to such part. The youth part shall have exclusive
jurisdiction in all proceedings in relation to juvenile offenders and adolescent offenders,
except as provided in this article or article seven hundred twenty-five of this chapter.
* * * * *
FCT § 302.1 Jurisdiction
1. The family court has exclusive original jurisdiction over any proceeding to determine
whether a person is a juvenile delinquent. The family court shall also have jurisdiction over
a person who is accused of committing an offense when such person was eligible to be
considered an adolescent offender if such person is no longer eligible to be considered an
adolescent offender at the time of his or her arraignment.

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8. Increase Funding for Pretrial, Diversion, and Employment Programs
Summary: The Executive Budget already proposes $83.4 million in new funding to address gun violence
and support pretrial services. More funding will be added for pretrial services, including voluntary
supports for any case where a defendant is released on their own recognizance (ROR) and mandatory
programming (e.g. travel restrictions, electronic monitoring, threat of remand for future gun possession)
for all gun-related cases that are neither remanded nor ROR’d. In addition, the State will work with
localities to move out the door hundreds of millions of dollars in funding for Raise the Age implementation
(just ~$260 million of $800 million appropriated has been spent); this would go to credible messengers
who are paired with young people on probation, community-based probation centers, youth diversion
programs, and referral-based outreach and supports programming. Finally, additional funds will be
devoted to an employment program for individuals involved in gun violence.

9. Expand Involuntary Commitment and Kendra’s Law

Summary: The Executive Budget includes a number of modest proposals to strengthen Kendra’s Law. More
recently, the Governor proposed new spending on mental health services, and the State issued interpretive
guidance to expand the use of the involuntary commitment statute. An important additional expansion of
our ability to address the acute needs of the seriously mentally ill, however, will be to change the statutory
standard for involuntary commitment and Kendra’s Law to apply to individuals who pose a danger to
themselves through self-neglect.
Proposed Language:
MHY § 9.01 Definitions.
…
“likelihood to result in serious harm” or “likely to result in serious harm” means (a) a
substantial risk of physical harm to the person as manifested by threats of or attempts at
suicide or serious bodily harm or other conduct demonstrating that the person is dangerous to
himself or herself,; or (b) that as a result of a person’s mental illness, a person lacks
significant capacity to provide, and significant judgment to accept, provisions for food,
clothing, shelter, or medical care, to the degree that there is a substantial risk of
physical harm to self within the reasonably foreseeable future; or(b c) a substantial risk of
physical harm to other persons as manifested by homicidal or other violent behavior by which
others are placed in reasonable fear of serious physical harm.
* * * * *
MHY § 9.39 Emergency admissions for immediate observation, care, and treatment.
(a) The director of any hospital maintaining adequate staff and facilities for the
observation, examination, care, and treatment of persons alleged to be mentally ill and
approved by the commissioner to receive and retain patients pursuant to this section may
receive and retain therein as a patient for a period of fifteen days any person alleged to
have a mental illness for which immediate observation, care, and treatment in a hospital is
appropriate and which is likely to result in serious harm to himself or others. "Likelihood
to result in serious harm" as used in this article shall mean:
…
3. that as a result of a person’s mental illness, a person lacks significant capacity to
provide, and significant judgment to accept, provisions for food, clothing, shelter, or
medical care, to the degree that there is a substantial risk of physical harm to self within
the reasonably foreseeable future.
* * * * *
MHY § 9.60 Assisted outpatient treatment.
…
(c) Criteria. A person may be ordered to receive assisted outpatient treatment if the court
finds that such person:

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(1) is eighteen years of age or older; and
(2) is suffering from a mental illness; and
(3) is unlikely to survive safely in the community without supervision, based on a clinical
determination; and
(4) has a history of lack of compliance with treatment for mental illness that has:
(i) except as otherwise provided in subparagraph (iii) and of this paragraph, prior to the
filing of the petition, at least twice within the last thirty -six months has been a
significant factor in necessitating hospitalization in a hospital, or receipt of services in
a forensic or other mental health unit of a correctional facility or a local correctional
facility, not including any current period, or period ending within the last six months,
during which the person was or is hospitalized or incarcerated;  or
(ii) except as otherwise provided in subparagraph (iv) of this paragraph, prior to the
filing of the petition, resulted in one or more acts of serious violent behavior toward self
or others or threats of, or attempts at, serious physical harm to self or others within the
last forty-eight months, not including any current period , or period ending within the last
six months, in which the person was or is hospitalized or incarcerated;  and or
(iii) prior to the filing of petition, and without having to prove (c) 4 of the criteria,
resulted in an inpatient psychiatric admission for a person who has a mental illness and
lacks significant capacity to provide, and significant judgment to accept, provisions for
food, clothing, shelter, or medical care, to the degree there is a substantial risk of
physical harm to himself within the reaso nably foreseeable future; or
(iv) notwithstanding subparagraphs (i) and (ii) of this paragraph, resulted in the issuance
of an order for assisted outpatient treatment which has expired within the last six months,
and since the expiration of the order, the person has experienced a substantial increase in
symptoms of mental illness.
(5) is, as a result of his or her mental illness, unlikely to voluntarily participate in
outpatient treatment that would enable him or her to live safely in the community; and
(6) in view of his or her treatment history and current behavior, is in need of assisted
outpatient treatment in order to prevent a relapse or deterioration which would be likely to
result in serious harm to the person or others as defined in section 9.01 of this
article;and.
(7) is likely to benefit from assisted outpatient treatment.

10. Increase Funding for Mental Health Treatment

The Executive Budget committed $21 million for Safe Options Support (SOS) teams to help individuals
move off the street into stable housing and, where needed, access mental health and social services. In
addition, the Governor’s housing plan includes funding for 10,000 supportive housing units. Further, a
recent joint announcement by Governor Hochul and Mayor Adams included funding for 140 additional Safe
Haven beds, 350 new stabilization beds, 600 psychiatric hospital beds, and 500 scattered -site supportive
housing units. Additional funding will be committed to further increase mental health services and housing
capacity, specifically transitional respite housing and additional permanent supportive housing units.