New York Assembly Bill A08753

New York 2025-2026 Regular Session

• Introduced: 6/2/25
• Refer: 6/2/25
• Refer: 1/7/26

Caption

Establishes that making a terroristic threat is a qualifying offense for bail.

Summary

This bill amends the Criminal Procedure Law to add the offense of making a terroristic threat to the list of qualifying offenses for which a court may set bail. Specifically, it removes the current exclusion for the crime defined in Penal Law section 490.20 from three bail-related provisions: CPL 510.10, CPL 530.20, and CPL 530.40. As a result, a person charged with making a terroristic threat would be treated like defendants charged with certain other terrorism-related offenses when courts consider pretrial release and bail conditions. The bill does not change the underlying definition of the crime of making a terroristic threat or alter the penalties for that offense. Instead, it changes pretrial procedure by expanding judicial authority to impose bail in cases involving this charge. The act would take effect 90 days after becoming law and would affect defendants charged under Penal Law section 490.20, as well as courts applying New York’s bail statutes.

Impact

The bill would amend three sections of the Criminal Procedure Law governing bail and pretrial release, broadening the category of offenses eligible for bail to include terroristic threats. This would overturn the current carve-out that excludes Penal Law section 490.20 from the terrorism-related qualifying offenses list, thereby affecting arraignment and bail determinations in criminal cases involving alleged threats of terrorism. It would primarily impact criminal defendants, prosecutors, defense counsel, and judges handling pretrial release decisions.

Sentiment

The available legislative history suggests a cautious but supportive posture toward the bill’s public-safety rationale, with the measure advancing at least to committee consideration. The bill’s caption frames it as a response to terroristic threats, indicating an intent to strengthen bail eligibility for serious threat-related conduct. At the same time, the committee vote of 14 yeas and 6 nays shows that the proposal is not unanimous and that there is meaningful concern or disagreement among members about expanding bail eligibility in this area.

Contention

The main point of contention is whether making a terroristic threat should be treated the same as other terrorism-related offenses for bail purposes. Supporters are likely focused on public safety and the seriousness of threat-based conduct, while opponents may worry about expanding pretrial detention or bail exposure for a charge that may involve threats rather than completed violent acts. The split committee vote suggests disagreement over the balance between security concerns and limits on pretrial incarceration.