New York 2025-2026 Regular Session

New York Assembly Bill A02357

Introduced

1/16/25

Refer

1/16/25

Refer

1/7/26

Caption

Authorizes the court the discretion to release persons charged with certain crimes involving possession of a firearm on their own recognizance or under non-monetary conditions, fix bail, or commit the person to the custody of the sheriff.

Summary

Bill A02357 amends the criminal procedure law in New York to grant courts the discretion to release individuals charged with certain firearm-related offenses on their own recognizance or under non-monetary conditions. This includes offenses involving machine-guns, firearm silencers, and other specified weapons. The bill modifies existing provisions to allow for more lenient release conditions, potentially impacting how bail is set and the criteria for pre-trial detention for these offenses. The bill specifically alters sections of the criminal procedure law to remove the requirement for courts to consider the likelihood of a defendant returning for court when deciding on release conditions. This change aims to provide judges with greater flexibility in handling cases involving firearm-related charges, which may lead to a reduction in pre-trial detention for certain defendants. By allowing for the possibility of release without monetary bail or stringent conditions, the bill seeks to address concerns regarding the fairness of the bail system and the impact of pre-trial detention on individuals charged with non-violent offenses. The intent is to balance public safety with the rights of the accused, particularly in cases where the charges may not involve violent behavior. Overall, A02357 represents a shift towards a more rehabilitative approach in the criminal justice system, emphasizing the presumption of innocence until proven guilty. However, it raises questions about public safety and the potential risks associated with releasing individuals charged with firearm offenses without stringent conditions.

Impact

The passage of A02357 would significantly alter the landscape of bail and pre-trial release conditions in New York, particularly for firearm-related offenses. It would amend existing laws to allow judges more discretion in releasing defendants, potentially leading to a decrease in the number of individuals held in custody prior to trial. This could have broader implications for the criminal justice system, including reduced jail populations and changes in how courts handle firearm-related cases. The bill may also influence future legislative discussions around bail reform and public safety measures.

Sentiment

The sentiment surrounding Bill A02357 appears to be mixed, with supporters advocating for the rights of defendants and the need for a fairer bail system, while opponents express concerns about public safety and the risks of releasing individuals charged with firearm offenses. The discussions indicate a recognition of the need for reform in the bail system, but also highlight the complexities and potential consequences of such changes.

Contention

Notable points of contention include the balance between ensuring public safety and providing fair treatment for defendants. Supporters of the bill argue that it addresses systemic issues in the bail system, particularly for non-violent offenders, while critics worry that it may lead to increased risks associated with releasing individuals charged with serious firearm offenses. This divide reflects broader societal debates about criminal justice reform and public safety priorities.

Latest NY A02357 Activity

View All Events: NY 2025-2026 Regular Session A02357

Companion Bills

No companion bills found.

Previously Filed As

NY S07419

Permits courts to remand a principal to the custody of the sheriff for felony offenses involving the possession of firearms and weapons.

NY S03137

Authorizes the court where there is criminal possession of stolen property to, in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or order non-monetary conditions in conjunction with fixing 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; makes related provisions.

NY A05616

NY S07126

Authorizes the imposition of bail for certain offenses involving the sale or possession with intent to sell of a controlled substance or a synthetic opioid.

NY A1600

Clarifies court's discretion in imposing monetary conditions of bail; establishes rebuttable presumption that person charged with violent crime be detained prior to trial.

NY S764

Clarifies court's discretion in imposing monetary conditions of bail; establishes rebuttable presumption that person charged with violent crime be detained prior to trial.

NY A01824

Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.

NY S05707

Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.

NY HJR84

Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with certain felony offenses involving violence and requiring the denial of bail to a person accused of committing a felony while released on bail for a prior felony under most circumstances.

NY HB857

Relating to requiring certain persons prohibited by law from owning, possessing, or controlling a firearm to dispose of firearms owned, possessed, or controlled by the person.

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