NY bail reform: Judges won’t be able to set bail on these crimes

Excerpt from Observer-Dispatch Dec 15 2019

Under New York's new bail laws, effective Jan. 1, judges will not be able to set bail on any of the following crimes (and most attempts to commit these crimes) and must release the defendant on non-monetary conditions regardless of criminal record, ties to the community or previous bench warrants on other cases:

• Second-degree burglary (residential)
• Second-degree burglary (hate crime)
• Third-degree burglary commercial)
• Third-degree burglary (hate crime)
• Second-degree robbery (aided by another)
• Second-degree (hate crime)
• Third-degree robbery
• First, second, third, fourth and fifth-degree criminal sale of a controlled substance
• Use of a child to commit a controlled substance offense
• First, second, third, fourth, fifth and seventh-degree criminal possession of a controlled substance
• Criminal sale of a controlled substance (in or near school grounds)
• Criminal injection of a narcotic drug (into another person)
• Criminal sale of a controlled substance (to a child)
• Criminal sale of a prescription for a controlled substance by a pharmacist
• Criminal possession or manufacture of methamphetamine
• Third-degree assault
• Third-degree assault (hate crime)
• Reckless assault of a child (by a day care provider)
• Reckless assault of a child
• Second, third and fourth-degree stalking
• Second, third and fourth-degree stalking (hate crime)
• First and second-degree vehicular assault
• Aggravated vehicular assault
• Aggravated assault (upon a person less than 11 years old)
• Aggravated assault (upon a person less than 11 years old; hate crime)
• First, second and third-degree menacing
• First, second and third-degree menacing (hate crime)
• First and second-degree reckless endangerment
• Promoting a suicide attempt
• First-degree stalking (while committing a sex offense)
• Second, third and fourth-degree stalking
• Criminal obstruction of breathing or blood circulation
• Criminally negligent homicide
• Second-degree vehicular manslaughter
• Aggravated vehicular manslaughter
• Second-degree manslaughter
• First and second-degree unlawful imprisonment
• First and second-degree unlawful imprisonment (hate crime)
• Aggravated labor trafficking
• Custodial Interference 1° and 2°
• Substitution of children
• First, second and third-degree coercion
• First, second and third-degree coercion (hate crime)
• First, second, third and fourth-degree criminal trespass
• First, second, third and fourth-degree criminal trespass (hate crime)
• Possession of burglar's tools
• Unlawful possession of radio devices (police scanners)
• First-degree criminal mischief (explosion); second-degree criminal mischief ($1,500); third-degree criminal mischief ($250); fourth-degree criminal mischief
• First-degree criminal mischief (explosion; hate crime); second-degree criminal mischief ($1,500; hate crime); third-degree criminal mischief ($250; hate crime); fourth-degree criminal mischief (hate crime)
• First, second and third-degree criminal tampering
• First and second-degree cemetery desecration
• Aggravated first and second-degree cemetery desecration
• Reckless endangerment of property
• First and second-degree tampering with a consumer product
• Making graffiti
• Possession of graffiti instruments
• Third-degree arson (intentionally damage building or vehicle by fire or explosion)
• Fourth-degree arson (recklessly damage building or vehicle by fire or explosion)
• Fifth-degree arson (intentionally damage property of another by fire or explosion)
• First-degree grand larceny ($1 million); second-degree grand larceny ($50,000); third-degree larceny ($3,000); fourth-degree grand larceny ($1,000)
• First-degree grand larceny ($1 million; hate crime); second-degree grand larceny ($50,000; hate crime); third-degree larceny ($3,000; hate crime); fourth-degree grand larceny ($1,000; hate crime)
• Aggravated grand larceny of an ATM
• Petit larceny
• Petit larceny (hate crime)
• First, second, third and fourth-degree computer tampering
• Computer trespass
• Unauthorized use of a computer
• First and second-degree unlawful duplication of computer-related material
• First-degree welfare fraud ($1 million); second-degree welfare fraud ($50,000); third-degree welfare fraud ($3,000); fourth-degree welfare fraud ($1,000); fifth-degree welfare fraud (any amount)
• First and second-degree criminal use of a public benefit card 1° and 2°
• First, second and third-degree criminal possession of a public benefit card 1°, 2° and 3
• First, second and third-degree unauthorized use of a vehicle
• First, second and third-degree auto stripping
• Theft of services
• Unauthorized use of a credit card or public benefit card
• Jostling
• Fraudulent accosting
• First, second, third, fourth and fifth-degree criminal possession of stolen property
• First, second and third-degree forgery
• First, second and third-degree criminal possession of a forged instrument
• Criminal possession of forgery devices
• Criminal possession of vehicle identification number
• Forgery of a vehicle identification number
• First and second-degree falsifying business records
• First and second-degree tampering with public records
• First and second-degree offering a false instrument for filing
• First, second, third, fourth and fifth-degree insurance fraud
• First, second, third, fourth and fifth-degree health insurance fraud
• First, second, third and fourth-degree criminal diversion of prescription medications
• First and second-degree commercial bribery
• First, second and third-degree rent gouging
• First, second, third, fourth and fifth-degree residential mortgage fraud
• Aggravated identity theft
• First, second and third-degree identity theft
• First, second and third-degree bribery
• First, second and third-degree perjury
• First-degree bail jumping (failure to appear on class A or B felony); second-degree bail jumping (failure to appear on felony); third-degree bail jumping (failure to appear on misdemeanor)
• First and second-degree obstructing governmental administration
• Obstructing governmental administration (by means of a self-defense spray device)
•  Killing a police work dog or police work horse
• Obstructing emergency medical services
• Obstructing governmental duties (by means of a bomb)
• First, second and third-degree escape
• First and second-degree promoting prison contraband
• Resisting arrest
• First, second and third-degree hindering prosecution
• Making an apparently sworn false statement
• Bribing a witness
• Bribe receiving by a witness
• Bribing a juror
• Bribe receiving by a juror
• Providing a juror with a gratuity
• First and second-degree tampering with a juror
• Tampering with physical evidence
• Compounding a crime
• First-degree criminal contempt (refusal to be sworn as a witness or testify in grand jury); second-degree criminal contempt (under subdivision 1, 2, 4, 5, 6 and 7)
• Unlawful grand jury disclosure
• Any gambling offense
• Any prostitution offense, including patronizing a prostitute in a school zone; promoting prostitution in a school zone; first-degree promoting prostitution (victim less than 13); second-degree promoting prostitution (compelling victim to participate in prostitution); third-degree promoting prostitution (victim is less that 19 years old); compelling prostitution
• Most sex trafficking
• First and second-degree disseminating indecent material to minors
• First and second-degree riot
• Criminal anarchy
• First and second-degree harassment
• First and second-degree harassment (hate crime)
• First and second-degree aggravated harassment
• First and second-degree aggravated harassment (hate crime)
• Aggravated harassment of an employee by an inmate
• First and second-degree criminal nuisance
• Falsely reporting an incident
• First and second-degree directing a laser at an aircraft
• First and second-degree harming a service animal
• Public lewdness
• Illegal eavesdropping
• First and second-degree dissemination of unlawful surveillance
• First and second-degree non-support of a child
• First and second-degree endangering the welfare of a child
• Facilitating female genital mutilation
• First and second-degree endangering the welfare of an incompetent or physically disabled person
• Endangering the welfare of an incompetent or vulnerable elderly person
• First and second-degree endangering the welfare of a physically disabled person
• Promoting an obscene sexual performance by a child
• Possessing an obscene sexual performance by a child
• Promoting a sexual performance by a child
• Possessing a sexual performance by a child
• Fourth-degree criminal possession of a weapon
• Criminal possession of a weapon on school grounds
• Criminal possession of a firearm
• Third-degree criminal possession of a weapon (under subdivision 1, 2 and 3)
• Criminal purchase or disposal of a weapon
• Unlawfully wearing of a body vest
• First, second and third-degree unlawfully fleeing a police officer in a motor vehicle
• Enterprise corruption
• First, second, third and fourth-degree money laundering
• Third and fourth-degree money laundering in support of terrorism
• First, second and third-degree corrupting the government
• First, second and third-degree criminal solicitation (including but not limited to commit kidnapping, rape, robbery or drug sales; or to solicit children under 26 to commit any felony)
• Second, third, fourth and fifth-degree conspiracy (including but not limited to conspiracy to commit rape, robbery, kidnapping or burglary; or to engage a child under 16 to engage in any felony)
• Second, third, fourth and fifth-degree conspiracy as a hate crime (including but not limited to conspiracy to commit rape, robbery, kidnapping or burglary; or to engage a child under 16 to engage in any felony)
• First, second, third and fourth-degree criminal facilitation (including but not limited to providing support to people to commit murder, kidnapping, robbery, burglary or rape; or to aid a person under 16 to commit any felony)

Source: Queens County Senior Executive Assistant District Attorney James C. Quinn