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.
Last week, we covered charges of the following categories: assault and related offenses; children offenses; prostitution; harming animals; firearms offenses; kidnapping; coercion; and related offenses; burglary and robbery; drug offenses; arson; criminal mischief and related offenses; larceny and theft; fraud; and forgery. This week, we’re publishing the second half.
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.
False Written Statements
Falsifying Business Records (1st, 2nd degrees); Tampering with Public Records (1st, 2nd); Offering a False Instrument for Filing (1st, 2nd); Issuing a False Certificate (1st).
Bribery
Commercial Bribing (1st, 2nd); Commercial Bribe Received (1st, 2nd); Bribing a Labor Official; Bribe Received by a Labor Official; Sports Bribing; Sports Bribing Received; Tampering with a Sports Contest (1st, 2nd); Impairing the Integrity of a Pari-Mutuel Betting System (1st, 2nd); Rent Gouging (1st, 2nd, 3rd); Bribery (1st, 2nd, 3rd); Bribe Receiving (1st, 2nd, 3rd); Rewarding Official Misconduct (1st, 2nd); Receiving Reward for Official Misconduct (1st, 2nd); Giving Unlawful Gratuities; Receiving Unlawful Gratuities; Bribe Giving for Public Office; Bribe Receiving for Public Office; Impairing the Integrity of a Government Licensing Examination; Corrupt Use of Position or Authority (1st).
Obstructing Public Servants
Refusing to Aid a Peace or Police Officer; Concealment of a Human Corpse; Obstructing Governmental Administration (1st, 2nd); Obstructing Firefighting Operations; Obstructing EMS Services; Obstruction of Governmental Duties by Means of a Bomb; Destructive Device; Explosive; Defrauding the Government.
Contraband and Hindering Prosecution
Promoting Prison Contraband (1st, 2nd); Hindering Prosecution (1st, 2nd, 3rd).
Court Proceedings
Misconduct by a Juror (1st, 2nd); Tampering with Physical Evidence; Compounding a Crime; Criminal Contempt of the Legislature; Criminal Contempt of a Temporary State Commission; Unlawful Grand Jury Disclosure; Unlawful Disclosure of an Indictment; Unlawful Disposition of Assets Subject to Forfeiture; Perjury (1st, 2nd, 3rd); Making an Apparently Sworn False Statement (1st, 2nd); Making a Punishable False Written Statement (1st).
Gambling
Promoting Gambling (1st, 2nd); Possession of Gambling Records (1st, 2nd); Possession of a Gambling Device; Gambling Fraud (1st, 2nd); Possession of Unlawful Gaming Property (1st, 2nd, 3rd); Use of Unlawful Gaming Property; Manipulation of Gaming Outcomes; Unlawful Manufacture; Sale; Distribution; Marking; Altering; Modification of Equipment and Devices Associated with Gaming.
Offenses against Public Order
Disseminating a False Registered Sex Offender Notice; Riot (1st, 2nd); Inciting a Riot; Unlawful Assembly; Criminal Anarchy; Disorderly Conduct; Disruption or Disturbance of a Religious Service; Funeral; Burial; Memorial Service; Harassment (1st, 2nd); Harassment against Rent Regulated Tenant (1st, 2nd); Aggravated Harassment (1st, 2nd); Loitering; Loitering (1st); Loitering for Purpose of Prostitution; Appearance in Public under Influence of Narcotics; Criminal Nuisance (1st, 2nd); Falsely Reporting an Incident (3rd); Unlawful Prevention of Public Access to Records; Criminal Interference with Health Services or Religious Worship (1st, 2nd); Aggravated Interference with Health Services (1st, 2nd); Directing a Laser at an Aircraft (1st, 2nd); Public Lewdness; Exposure of a Person; Promoting the Exposure of a Person; Public Lewdness (1st); Offensive Exhibition; Public Display of Offensive Sexual Material; Unlawful Dissemination or Publication of an Intimate Image.
Right of Privacy Offenses
Eavesdropping; Possession of Eavesdropping Devices; Failure to Report Wiretapping; Divulging an Eavesdropping Warrant; Tampering with Private Communications; Unlawfully Obtaining Communications Information; Failing to Report Criminal Communications; Unlawful Surveillance (1st, 2nd); Dissemination of an Unlawful Surveillance Image (1st, 2nd); Manufacture of Unauthorized Recordings (1st, 2nd); Manufacture or Sale of an Unauthorized Recording of a Performance (1st, 2nd); Advertisement or Sale of Unauthorized Recordings (1st, 2nd); Unlawful Operation of a Recording Device in a Motion Picture or Live Theater (1st, 2nd, 3rd); Failure to Disclose the Origin of a Recording (1st, 2nd).
Computer Offenses
Computer Trespass; Computer Tampering (1st, 2nd, 3rd, 4th); Unlawful Duplication of Computer Related Material (1st, 2nd); Criminal Possession of Computer Related Material; Operating an Unlawful Electronic Sweepstakes.
Marital Offenses
Unlawful Solemnizing a Marriage; Unlawfully Procuring a Marriage License; Unlawfully Issuing a Dissolution Decree; Bigamy; Adultery.
Public Safety Offenses
Unlawful Dealing with Fireworks; Unlawful Possessing or Selling Noxious Material; Creating a Hazard; Unlawfully Refusing to Yield a Party Line; Unlawful Wearing of a Body Vest; Unlawful Fleeing a Police Officer in a Motor Vehicle (1st, 2nd, 3rd).
Terrorism
Making a Terroristic Threat
