The proposal originates in the Senate as S.10679, introduced by State Sen. Dean Murray. DeStefano is backing the Assembly version of the measure, although a separate Assembly bill number has not yet been publicly identified.
The legislation would make crimes in which a defendant is alleged to have caused physical, psychological or emotional harm to someone under 18 eligible for bail consideration.
The proposal does not require judges to impose bail. Instead, it would give courts the ability to consider bail in qualifying cases involving children.
The push follows a case involving 12 William Floyd Middle School students who were hospitalized after consuming THC-infused gummies.
According to the official announcement supporting the legislation, the defendant prosecuted in connection with that incident was released because the charges were not bail-eligible and later fled Long Island before being apprehended.
DeStefano said the case demonstrates why judges need greater discretion when children are alleged victims.
“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.”
Supporters of the legislation argue that New York’s current bail laws can prevent judges from considering bail even when circumstances involving children raise concerns about public safety or the possibility that a defendant could flee.
For DeStefano, the proposal is about restoring another tool to judges rather than mandating detention.
The Senate measure, S.10679, still must move through the legislative process. DeStefano is supporting the corresponding effort in the Assembly, where a separate bill number has not yet been publicly identified.
New York State Senate Bill S.10679
It is sponsored by Sen. Dean Murray, was introduced August 14, 2026, and is currently in the Senate Rules Committee. The page includes the full bill text and a PDF download