The bail reform laws passed by the New York State Legislature and then-Governor Andrew Cuomo (D) in 2019 have been a continued source of controversy among community members, elected officials, and law enforcement personnel. While carried predominantly by Democrats, some have bucked their party to call for changes to the laws.
Since it’s such a hot-button issue in this year’s elections, we’ll dedicate a column to unpacking the issue, the pros and cons, and the list of charges
Intent of Bail Reform
The intent of the change was to eliminate cash bail for most misdemeanor and non-violent felony charges. New York is one of the few states to abolish bail for many crimes without simultaneously giving judges the discretion to consider whether to hold a defendant if he/she poses a threat to public safety.
The other intent was to limit incarcerations and to lift penalties that might adversely impact the financially destitute, with the only alternative is sitting in jail until the court date. Proponents argue it balances out the criminal justice system since affluent offenders can post bail and remain relatively free until their court date. Proponents also argue that prolonged jail time or a hefty bail bond can impact employment and family life, leading to financial strain and even job loss. Opponents argue that the too many charges are now non-eligible offenses for bail and that the law creates a “revolving door” system of crime. Opponents also heavily criticize the lack of judicial discretion, as other states who have implemented similar systems have retained this check and balance.
Below is just the first half of charges, separated by category, that are not bail-eligible under New York State law. The list was given to The Messenger by the office of Senator Mario Mattera (R-St. James).
Editor’s Note: This list is exhaustive and we are publishing it since it is a hot-button issue with just weeks to go until the state elections. We will print the other half of the list next week.
How Are Electors Chosen?
Article II, Section 1 of the Constitution states that electors cannot be an incumbent member of Congress or a federal officeholder. The Fourteenth Amendment, ratified after the end of the Civil War, states that electors cannot be anyone who “engaged in insurrection or rebellion against the United States, or given aid or comfort to its enemies.” Congress may remove this disqualification by a two-thirds vote in each chamber. The states are then free to set their own rules thereafter.
Electors are chosen predominately by the states’ political parties at their respective state conventions. Some states choose electors by a vote of the state party’s central committee.
Eight states actually print their electors’ names on the ballots when the public votes for president: Arizona, Idaho, Louisiana, North Dakota, Oklahoma, Rhode Island, South Dakota, and Tennessee.
Assault and Related Offenses
Assault in the Third Degree; Reckless Assault of a Child by a Child Day Care Provider; Vehicular Assault (2nd degree); Menacing (1st, 2nd, 3rd); Hazing (1st, 2nd); Reckless Endangerment (1st, 2nd); stalking (2nd, 3rd, 4th).
Children Offenses
Disseminating Indecent Material of Minors (1st, 2nd); Possessing a Sexual Performance by a Child; Failure to Register as a Sex Offender, except Level-Three Sex Offenders; Obscenity (1st, 2nd, and 3rd); Abandonment of a Child; Non-support of a Child (1st or 2nd); Unlawfully Dealing with a Child (1st, 2nd); Facilitating Female Genital Mutilation; Endangering the Welfare of an Incompetent or Physically Disabled Person (1st or 2nd); and Misrepresentation by, or on behalf of, a Caregive for a Child or Children.
Prostitution
Prostitution in a School Zone; Patronizing a Prostitute (3rd); Patronizing a Prostitute in a School Zone; Promoting Prostitution in a School Zone; Promoting Prostitution (1st, 2nd, 3rd, or 4th); Permitting Prostitution
Harming Animals
Killing or Injuring a Police Animal; Killing a Police Work Dog or Horse; Harming an Animal Trained to Aid a Person with a Disability (1st or 2nd); Harming a Service Animal (1st or 2nd); Interference, Harassment, or Intimidation of a Service Animal; Aggravated Cruelty to Animals; Abandonment of Animals; and Poisoning or Attempting to Poison an Animal.
Firearms Offenses
Criminal Possession of a Weapon (4th); Criminal Possession of a Firearm; Criminal Possession of a Rapid-Fire Medication Device; Unlawful Possession of a Weapon Upon a School Ground; Manufacture, Transport, Disposition, and Defacement of Weapons and Dangerous Instruments; Criminal Purchase or Disposal of a Weapon; Unlawful Possession of a Large Capacity Ammunition Feeding Device; Failure to Safely Store Rifles, Shotguns, and Firearms (1st or 2nd); Criminal Possession of an Undetectable Firearm, Shotgun, or Rifle.
Kidnapping, Coercion, and Related Offenses
Unlawful Imprisonment (2nd); Aggravated Labor Trafficking; Custodial Interference (1st or 2nd); Substitution of Children; Coercion (1st, 2nd, or 3rd)
Burglary & Robbery
Criminal Trespass (1st, 2nd, or 3rd); Burglary (3rd); Burglary (2nd), except where an individual enters the living area of a dwelling; Possession of Burglar’s Tools; Unlawful Possession of a Radio Device; Robbery (2nd and 3rd)
Drug Offenses
Criminal Possession of a Controlled Substance (2nd, 3rd, 4th, 5th, 6th, and 7th); Use of a Child to Commit a Controlled Substance Offense; Criminal Sale of a Controlled Substance (2nd, 3rd, 4th, and 5th); Criminal Sale of a Controlled Substance in or near School Grounds; Criminally Possessing a Hypodermic Instrument; Criminal Injection of a Narcotic Drug; Criminal Sale of a Controlled Substance to a Child; Criminally Using Drug Paraphernalia (1st or 2nd); Criminal Possession of a Methamphetamine Manufacturing Material (1st or 2nd); Criminal Possession of Precursors of Methamphetamine; Unlawful Manufacture of Methamphetamine (1st, 2nd, or 3rd); Unlawful Disposal of a Methamphetamine Laboratory Material; Witness or Victim of a Drug Overdose; Criminal Sale of Marijuana (1st, 2nd, 3rd, 4th, or 5th); Criminal Possession of Marijuana (1st, 2nd, 3rd, or 4th); Unlawful Possession of Marijuana (1st or 2nd).
Arson
Arson (3rd, 4th, 5th)
Criminal Mischief and Related Offenses
Criminal Mischief (1st, 2nd, 3rd, or 4th); Criminal Tampering (1st, 2nd, or 3rd); Cemetery Desecration (1st or 2nd); Reckless Endangerment of Property; Aggravated Cemetery Desecration (1st or 2nd); Unlawfully Posting Advertisements; Tampering with a Consumer Product (1st or 2nd); Making Graffiti; Possession of a Graffiti Instrument; Criminal Possession of a Taximeter Accelerating Device
Larceny and Theft
Grand Larceny (2nd, 3rd, 4th); Aggravated Larceny of an ATM; Petit Larceny; Unauthorized Use of a Vehicle (1st, 2nd, or 3rd); Unlawful Use of a Secret Scientific Material; Auto Stripping (1st, 2nd, or 3rd); Theft of Services; Unauthorized Sale of Certain Transportation Services; Unlawful Use of a Credit or Debit Card; Fraudulently Obtaining a Signature; Jostling; Fraudulent Accosting; Fortune Telling; Criminal Possession of a Stolen Property; Criminal Possession of Stolen Property (1st, 2nd, 3rd, 4th, or 5th); Trademark Counterfeiting (1st, 2nd, or 3rd); Seizure and Distribution or Destruction of Goods Bearing Counterfeit Trademarks.
Fraud
Welfare Fraud (1st, 2nd, 3rd, 4th, or 5th); Criminal Use of a Public Benefit Card (1st or 2nd); Criminal Possession of a Public Benefit Card (1st, 2nd, or 3rd); Insurance Fraud (1st, 2nd, 3rd, 4th, 5th); Aggravated Insurance Fraud; Life Settlement Fraud (1st, 2nd, 3rd, 4th, and 5th); Aggravated Life Insurance Settlement Fraud; Staging a Motor Vehicle Accident (1st and 2nd); Health Care Fraud (1st, 2nd, 3rd, 4th, 5th); Criminal Diversion of Prescription Medications (1st, 2nd, 3rd, and 4th); Issuing a Bad Check; False Advertising; False Personation; Criminal Impersonation (1st or 2nd); Criminal Sale of a Police Uniform; Unlawfully Concealing a Will; Misconduct by a Corporate Official; Criminal Usury (1st or 2nd); Possession of Usurious Loan Records; Scheme to Defraud (1st or 2nd); Scheme to Defraud the State by Unlawfully Selling Prescriptions; Unauthorized Radio Transmissions; Criminal Use of an Access Device (1st or 2nd); Identity Theft (1st, 2nd, or 3rd); Aggravated Identity Theft; Unlawful Possession of Personal ID Information (1st, 2nd, 3rd); Unlawful Possession of a Skimmer Device (1st or 2nd); Immigrant Assistance Services Fraud (1st or 2nd); Money Laundering (2nd, 3rd, or 4th); Fraud in Insolvency; Fraud Involving a Security Interest; Fraud Disposition of Mortgaged Property; Fraud Disposition of Property Subject to a Conditional Sale Contract; Residential Mortgage Fraud (1st, 2nd, 3rd, 4th, or 5th)
Forgery
Forgery (1st, 2nd, or 3rd); Criminal Possession of a Forged Instrument (1st, 2nd, or 3rd); Criminal Simulation; Criminal Possession of an Anti-Security Item; Unlawful Using Slugs (1st or 2nd); Forgery of a Vehicle ID Number; Illegal Possession of a Vehicle ID Number; Fraudulent Making of an Electronic Access Device
