Makes all offenses qualifying offenses for bail where the principal is a non-citizen; requires courts remand without bail when any principal charged with an offense has an outstanding United States immigration and customs enforcement detainer; includes federal laws, rules, and regulations in the definition of offense; allows police officers to detain certain non-citizens; reinstates the maximum sentence for misdemeanors as three hundred sixty-five days.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7565
SPONSOR: Molitor TITLE OF BILL:
An act to amend the criminal procedure law and the penal law, in
relation to making all offenses qualifying offenses for bail where the
principal is a non-citizen, requiring courts remand without bail any
principal charged with an offense has an outstanding United States immi-
gration and customs enforcement detainer, including federal laws, rules,
and regulations in the definition of offense, allowing police officers
to detain certain non-citizens, and reinstating the maximum sentence for
misdemeanors as three hundred sixty-five days; and to repeal certain
provisions of the penal law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow law enforcement in New York to arrest, detain, and
hold non-citizens that have been arrested for misdemeanor, or felony
offenses; it also reinstates the maximum punishment for misdemeanors to
one
1 year, making those offenses bail eligible.
SUMMARY OF PROVISIONS:
CPL 510.10(1), CPL 530.20, and CPL 530.40: amends these sections to make
any felony or misdemeanor where the principal is a non-citizen a quali-
fying offense to allow courts to set bail.
CPL 510.55 and 530.35: adds a two new sections making it mandatory for
New York Courts to commit a principal to the custody of the sheriff
without bail where the the principal is required to attend a future
court appearance for a pending criminal action and the principal has an
outstanding United States Immigration and Customs Enforcement detainer.
CPL 140.10(1-a): permits New York law enforcement to arrest a person
when such officer has reasonable cause to believe that such person is a
non-citizen and is the subject of a United States Immigration and
Customs Enforcement detainer, administrative warrant, or judicial
warrant.
Penal Law 70.15(1-a) is repealed
Penal Law 70.15 (1) and (3): reinstates the maximum punishment for
misdemeanor offenses as one
1 year.
Section 3: This act shall take effect immediately.
JUSTIFICATION:
New York is a self-professed "sanctuary state," meaning that it does not
recognize federal immigration law. Non-citizens from countries all
around the world come to New York State, after entering the United
States illegally, and begin receiving benefits including free housing,
public assistance benefits, free cash assistance, and free schooling.
While in New York, some non-citizens commit crimes, misdemeanor or felo-
ny offenses, and are shielded from deportation by states laws, regu-
lations, and policies.
The federal government, receiving wide-spread public support in the 2024
general election, has begun deporting non-citizens. The federal govern-
ment has begun deporting non-citizens that have committed additional
crimes while in the United States illegally; some crimes committed were
especially heinous.
Government's basic purpose is to keep its citizens safe. This bill aims
to accomplish that basic purpose with a common sense approach by allow-
ing law enforcement and courts to cooperate with federal immigration
officials.
While some may ask: why is New York a "sanctuary state"? The underlying
intent of this bill asks a simpler question: why does New York want
non-citizens who have committed crimes in New York to stay here?
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7565
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law and the penal law, in
relation to making all offenses qualifying offenses for bail where the
principal is a non-citizen, requiring courts remand without bail any
principal charged with an offense has an outstanding United States
immigration and customs enforcement detainer, including federal laws,
rules, and regulations in the definition of offense, allowing police
officers to detain certain non-citizens, and reinstating the maximum
sentence for misdemeanors as three hundred sixty-five days; and to
repeal certain provisions of the penal law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10
2 of the criminal procedure law, paragraph (t) as amended and paragraph
3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the
4 laws of 2022, are amended and a new paragraph (v) is added to read as
5 follows:
6 (t) any felony or class A misdemeanor involving harm to an identifi-
7 able person or property, or any charge of criminal possession of a
8 firearm as defined in section 265.01-b of the penal law, where such
9 charge arose from conduct occurring while the defendant was released on
10 [his or her] such defendant's own recognizance, released under condi-
11 tions, or had yet to be arraigned after the issuance of a desk appear-
12 ance ticket for a separate felony or class A misdemeanor involving harm
13 to an identifiable person or property, or any charge of criminal
14 possession of a firearm as defined in section 265.01-b of the penal law,
15 provided, however, that the prosecutor must show reasonable cause to
16 believe that the defendant committed the instant crime and any underly-
17 ing crime. For the purposes of this subparagraph, any of the underlying
18 crimes need not be a qualifying offense as defined in this subdivision.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09561-02-5
A. 7565 2
1 For the purposes of this paragraph, "harm to an identifiable person or
2 property" shall include but not be limited to theft of or damage to
3 property. However, based upon a review of the facts alleged in the accu-
4 satory instrument, if the court determines that such theft is negligible
5 and does not appear to be in furtherance of other criminal activity, the
6 principal shall be released on [his or her] such principal's own recog-
7 nizance or under appropriate non-monetary conditions; [or]
8 (u) criminal possession of a weapon in the third degree as defined in
9 subdivision three of section 265.02 of the penal law or criminal sale of
10 a firearm to a minor as defined in section 265.16 of the penal law[.];
11 or
12 (v) any felony or misdemeanor and such principal is a non-citizen.
13 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
14 section 530.20 of the criminal procedure law, subparagraph (xx) as
15 amended and subparagraph (xxi) as added by section 4 of subpart C of
16 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
17 agraph (xxii) is added to read as follows:
18 (xx) any felony or class A misdemeanor involving harm to an identifi-
19 able person or property, or any charge of criminal possession of a
20 firearm as defined in section 265.01-b of the penal law where such
21 charge arose from conduct occurring while the defendant was released on
22 [his or her] such defendant's own recognizance, released under condi-
23 tions, or had yet to be arraigned after the issuance of a desk appear-
24 ance ticket for a separate felony or class A misdemeanor involving harm
25 to an identifiable person or property, provided, however, that the
26 prosecutor must show reasonable cause to believe that the defendant
27 committed the instant crime and any underlying crime. For the purposes
28 of this subparagraph, any of the underlying crimes need not be a quali-
29 fying offense as defined in this subdivision. For the purposes of this
30 paragraph, "harm to an identifiable person or property" shall include
31 but not be limited to theft of or damage to property. However, based
32 upon a review of the facts alleged in the accusatory instrument, if the
33 court determines that such theft is negligible and does not appear to be
34 in furtherance of other criminal activity, the principal shall be
35 released on [his or her] such principal's own recognizance or under
36 appropriate non-monetary conditions; [or]
37 (xxi) criminal possession of a weapon in the third degree as defined
38 in subdivision three of section 265.02 of the penal law or criminal sale
39 of a firearm to a minor as defined in section 265.16 of the penal
40 law[.]; or
41 (xxii) any felony or misdemeanor and such principal is a non-citizen.
42 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
43 criminal procedure law, paragraph (t) as amended and paragraph (u) as
44 added by section 4 of subpart B of part UU of chapter 56 of the laws of
45 2022, are amended and a new paragraph (v) is added to read as follows:
46 (t) any felony or class A misdemeanor involving harm to an identifi-
47 able person or property, or any charge of criminal possession of a
48 firearm as defined in section 265.01-b of the penal law, where such
49 charge arose from conduct occurring while the defendant was released on
50 [his or her] such defendant's own recognizance, released under condi-
51 tions, or had yet to be arraigned after the issuance of a desk appear-
52 ance ticket for a separate felony or class A misdemeanor involving harm
53 to an identifiable person or property, or any charge of criminal
54 possession of a firearm as defined in section 265.01-b of the penal law,
55 provided, however, that the prosecutor must show reasonable cause to
56 believe that the defendant committed the instant crime and any underly-
A. 7565 3
1 ing crime. For the purposes of this subparagraph, any of the underlying
2 crimes need not be a qualifying offense as defined in this subdivision.
3 For the purposes of this paragraph, "harm to an identifiable person or
4 property" shall include but not be limited to theft of or damage to
5 property. However, based upon a review of the facts alleged in the accu-
6 satory instrument, if the court determines that such theft is negligible
7 and does not appear to be in furtherance of other criminal activity, the
8 principal shall be released on [his or her] such principal's own recog-
9 nizance or under appropriate non-monetary conditions; [or]
10 (u) criminal possession of a weapon in the third degree as defined in
11 subdivision three of section 265.02 of the penal law or criminal sale of
12 a firearm to a minor as defined in section 265.16 of the penal law[.];
13 or
14 (v) any felony or misdemeanor and such principal is a non-citizen.
15 § 4. The criminal procedure law is amended by adding a new section
16 510.55 to read as follows:
17 § 510.55 Effect of United States immigration and customs enforcement
18 detainer.
19 Notwithstanding any other provisions of this title to the contrary,
20 when a principal, whose future court attendance at a criminal action or
21 proceeding is or may be required, comes under the control of a court and
22 has an outstanding United States immigration and customs enforcement
23 detainer, such court shall commit the principal to the custody of the
24 sheriff.
25 § 5. The criminal procedure law is amended by adding a new section
26 530.35 to read as follows:
27 § 530.35 Effect of United States immigration and customs enforcement
28 detainer.
29 Notwithstanding any other provisions of this title to the contrary,
30 when a principal, whose future court attendance at a criminal action or
31 proceeding is or may be required, comes under the control of a court and
32 has an outstanding United States immigration and customs enforcement
33 detainer, such court shall commit the principal to the custody of the
34 sheriff.
35 § 6. Subdivision 1 of section 10.00 of the penal law, as amended by
36 chapter 791 of the laws of 1967, is amended to read as follows:
37 1. "Offense" means conduct for which a sentence to a term of imprison-
38 ment or to a fine is provided by any law of this state or by any law,
39 local law or ordinance of a political subdivision of this state, or by
40 any order, rule or regulation of any governmental instrumentality
41 authorized by law to adopt the same or any federal immigration laws,
42 rules, or regulations.
43 § 7. Section 140.10 of the criminal procedure law is amended by adding
44 a new subdivision 1-a to read as follows:
45 1-a. Notwithstanding any provision of law to the contrary, a police
46 officer may arrest a person when such officer has reasonable cause to
47 believe such person is a non-citizen and is the subject of a United
48 States immigration and customs enforcement detainer, administrative
49 warrant, or judicial warrant.
50 § 8. Subdivision 1-a of section 70.15 of the penal law is REPEALED.
51 § 9. Subdivisions 1 and 3 of section 70.15 of the penal law, as
52 amended by section 1 of part OO of chapter 55 of the laws of 2019, are
53 amended to read as follows:
54 1. Class A misdemeanor. A sentence of imprisonment for a class A
55 misdemeanor shall be a definite sentence. When such a sentence is
A. 7565 4
1 imposed the term shall be fixed by the court, and shall not exceed
2 [three hundred sixty-four days] one year.
3 3. Unclassified misdemeanor. A sentence of imprisonment for an unclas-
4 sified misdemeanor shall be a definite sentence. When such a sentence is
5 imposed the term shall be fixed by the court, and shall be in accordance
6 with the sentence specified in the law or ordinance that defines the
7 crime [but, in any event, it shall not exceed three hundred sixty-four
8 days].
9 § 10. This act shall take effect on the thirtieth day after it shall
10 have become a law. Effective immediately, the addition, amendment and/or
11 repeal of any rule or regulation necessary for the implementation of
12 this act on its effective date are authorized to be made and completed
13 on or before such effective date.
