GOP lawmakers want crimes involving children to be bail eligible
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A pair of Republicans are proposing making any crime involving a child bail-eligible under the state's bail laws.
Joe DeStefano, R-Medford, and Sen. Dean Murray, R-Patchogue, have proposed legislation (A.11713/S.10679) that would amend the state Criminal Procedure Law to include violations involving children as qualifying offenses when judges consider setting bail. The Republican lawmakers want judges to include as a qualifying offense any crime where the principal is alleged to have caused physical, psychological, or emotional harm to a child less than 18 years of age.
The state's bail laws generally limit the circumstances in which a judge can impose monetary bail or send a person accused of a crime to jail to those offenses specifically designated by law as qualifying offenses.
"As a result, the nature of the alleged conduct and the harm suffered by a victim do not, standing alone, necessarily give a court the authority to consider bail," Murray and DeStefano wrote in their legislative justification."
Murray said recently the proposal was prompted by incidents that sent dozens middle school students in his district to the emergency room in March 2025. Following an investigation, Seventh Precinct Investigation Unit officers arrested Jahsheem Jones at his home, located at 85 Robinwood Drive, for selling the gummies to a student who then distributed the gummies to three other students. Jones, 18, of 85 Robinwood Drive, Mastic Beach, was charged with endangering the welfare of a child and released with an appearance ticket to be in court later.
In a separate incident, Wilmer C. Garcia, 22, was charged after allegedly selling THC gummies in March 2025 to a 13-year-old over Instagram, with the gummies then given to middle school children at a different Long Island school in Suffolk County. He was released on supervised release.
"New York's laws should never tie a judge's hands when a child has been physically, psychologically, or emotionally harmed," DeStefano said. "Senator Murray's legislation restores common sense discretion to the courts by making these serious crimes bail-eligible while still allowing judges to consider the facts of each individual case. I am proud to carry this effort in the Assembly and stand with Senator Murray to make sure our justice system puts the safety and well-being of children first."
Murray and DeStefano said their legislation doesn't require bail to be set or for someone accused of a crime involving children to be taken to jail, but gives judges the discretion to do so based on the facts and circumstances of each case.
"This bill is about protecting our kids and that shouldn't be a partisan issue. Judges need to have the ability to keep repeat offenders or those who pose a danger to society off the streets, especially in cases where children are the victims. There's no reason to automatically put suspects back on the streets where children and others can be victimized over and over again," Murray said.