Assemblywoman Nicole Malliotakis and Assembly Candidate Michael Tannousis, who Malliotakis is supporting to succeed her in the State Assembly (64th A.D. Staten Island-Southern Brooklyn), have pledged to push for additional fixes to the dangerous bail law that took effect on April 1 after successfully advocating for changes that will take effect in July. Specifically, the two want Rioting, Arson, Assault, Burglary, Robbery, Grand Larceny, Criminal Mischief, Criminal Anarchy, Menacing and other felonies.
Among the fixes that will take effect on July 1 are a large number of offenses that will be added to the list of “qualifying offenses” that are eligible for bail at a judge’s discretion:
- Class A-I felony drug offenses;
- Sex trafficking;
- Money laundering in support of terrorism in the 3rd and 4th degree;
- Promoting an obscene sexual performance of a child;
- Promoting a sexual performance of a child;
- Any crime that is alleged to cause the death of another person;
- Criminal obstruction of breathing or blood circulation, Strangulation in the 2nd degree, or
- Unlawful imprisonment 1st where committed against a member of the same family or household;
- Aggravated vehicular assault in the 1st degree;
- Vehicular assault in the 1st degree
- Assault in the 3rd degree or Arson in the 3rd degree when charged as a hate crime;
- Aggravated assault upon a person less than eleven years old;
- Criminal possession of a weapon on school grounds;
- Grand larceny in the 1st degree:
- Enterprise corruption;
- Money laundering in the 1st degree;
- Failure to register as a sex offender or endangering the welfare of a child where the defendant is registered as a level three sex offender; and
- Bail jumping or escape from custody.
Come July, judges can also exercise their discretion to set bail where the offense charged is:
- A felony offense committed while the principal is serving a sentence of probation or while released to post release supervision;
- A felony where the defendant qualifies for sentencing on such charge as a persistent felony offender; and
- A felony or class A misdemeanor involving harm to an identifiable person or property, where such charge arose from conduct occurring while the defendant was released on his or her own recognizance or released under conditions for a separate felony or class A misdemeanor; provided that the prosecutor must show reasonable cause to believe the defendant committed the instant crime and any underlying crime.
Assemblywoman Nicole Malliotakis said, “This year, we achieved significant changes to the dangerous bail reform law put in place by Governor Cuomo and democrats in the State Legislature thanks to those who signed our petition, called their legislators and helped spread the word of the impact the law would have on public safety.
“We restored judicial discretion for a number of serious crimes, we fixed the discovery process for our prosecutors and better protect witnesses, and we ensured that those who are given a second chance and commit another crime can be held. While I am proud of these fixes, we can’t stop there. The events of this week proved the need for further corrections. We have seen police cars put on fire, churches vandalized, the businesses of hardworking citizens destroyed, and police officers attacked.”
“While many of my proposals were adopted in this first round of fixes, other have not yet been. I will be reintroducing legislation to add additional crimes so those who riot, commit arson, criminal anarchy and looting can be held at a judge’s discretion. It is shameful that those creating anarchy in the streets of our city are being arrested and released to create more mayhem before even their arresting officers’ shift ends. This is no way to run a city or a state. We need law and order restored,” she continued.
Michael Tannousis, who is running to succeed Malliotakis and whom Malliotakis has endorsed in his race for the Assembly, pledged to continue carrying the bill and push for the proposed changed if elected.
Assembly candidate Michael Tannousis said, “This issue is one of the reasons I decided to run to succeed Assemblywoman Malliotakis last year. As a prosecutor, I knew that policies like the so-called bail reforms would undermine our police and make our communities less safe, and that is exactly what happened.”
“This legislation would start to add some common sense back into our bail laws and gives judges more options to keep dangerous criminals off our streets. Assemblywoman Malliotakis has always been at the forefront of this debate, and I am proud to stand with her in support of this bill.”