New York Assembly Bill A05212

New York 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25
• Refer: 1/7/26

Caption

Allows judges more options for when to impose bail or commit the principal to the custody of the sheriff for burglary in the second degree, robbery in the second degree and crimes which resulted in death or serious physical injury.

Summary

This bill amends the Criminal Procedure Law to expand the circumstances in which judges may set bail or commit a defendant to the custody of the sheriff. Specifically, it removes second-degree robbery from the list of offenses that are excluded from certain bail-eligible felony categories, and it adds a new qualifying category for crimes that resulted in death or serious physical injury. The bill also preserves second-degree burglary as a qualifying offense only when the defendant is charged with entering the living area of a dwelling. The measure makes parallel changes in three provisions of the Criminal Procedure Law governing bail and pretrial detention: section 510.10, section 530.20, and section 530.40. These sections address when a court may impose bail or order custody in criminal cases, so the bill would give judges broader discretion in cases involving second-degree robbery, second-degree burglary in a dwelling’s living area, and offenses causing death or serious physical injury. The bill is set to take effect on November 1 following enactment.

Impact

If enacted, the bill would broaden the set of offenses that can support bail or pretrial detention under New York’s Criminal Procedure Law, affecting defendants charged with second-degree robbery and crimes resulting in death or serious physical injury, as well as certain second-degree burglary cases. It would amend three key bail-related statutes—CPL 510.10, 530.20, and 530.40—thereby changing judicial discretion in pretrial release decisions and potentially increasing the number of cases in which bail or sheriff custody may be imposed.

Sentiment

The bill’s caption indicates a pro-public-safety approach, and the text reflects an intent to give judges more options in serious criminal cases. No committee transcripts or recorded votes were provided, so there is no documented debate or roll-call evidence in the supplied materials showing support or opposition. Based on the bill’s substance, it is likely to be viewed favorably by proponents of stricter pretrial release rules and more judicial discretion.

Contention

The main point of contention is likely to be whether expanding bail eligibility and pretrial detention is appropriate, especially for second-degree robbery and offenses causing death or serious physical injury. Supporters would likely argue that judges need more flexibility to address serious harm and protect public safety, while opponents may contend that the bill moves away from bail reform principles and could increase pretrial detention for defendants who are not yet convicted. The burglary language may also draw scrutiny because it narrows the qualifying offense to cases involving entry into the living area of a dwelling.