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NY Post
New York Post
10 Nov 2023


NextImg:NY Republicans introduce bill to plug bail loophole for terror threats

New legislation introduced by Republicans in the state Assembly would plug a loophole in New York’s bail laws that could let someone accused of terroristic threats walk free.

As the US has witnessed a nearly 400 percent rise in antisemitic incidents since the start of Israel’s war against Hamas, prosecutors, and now lawmakers, have been raising the alarm that people charged with the felony offense of making terroristic threats could walk free as they await trial.

“Our bill will close a loophole that should have never been opened,” Republican Assembly Minority Leader Will Barclay wrote in a statement. “Threats of mass harm to any group of people warrant a more serious consequence, not merely a slap on the wrist. It’s time the punishment matches the crime.” 

Barclay pointed to Patrick Dai, 21, the Cornell student arrested late last month after admitting to the FBI that he threatened to rape and kill Jewish students at the Ivy League campus. Because he was arrested on federal charges, New York’s lax bail laws don’t apply.

“Our bill will close a loophole that should have never been opened,” Republican Assembly Minority Leader Will Barclay wrote in a statement
William Barclay/Facebook

“We don’t need to see another hate crime unfold to know changes must be made to Democrats’ disastrous bail policy,” Barclay said.

The bill would allow several crimes, like making a threat of mass harm, to be charged as hate crimes and would add them to the list of bail-eligible offenses. It also increases penalties for making such threats.

Lawyers for Dai requested he be released on bail in federal court Thursday, but the judge ordered he remain behind bars.

Broome County Jail
Patrick Dai was denied bail this week as he awaits trial on federal charges.
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Prosecutors say existing bail laws leave their hands tied unless they bring in the feds.

“We have literally no recourse,” Erie County District Attorney and President of the District Attorneys Association of the State of New York John Flynn told the Post this week.

Speaking to reporters Thursday, Gov. Kathy Hochul said she’d be open to consider changing the statute.

“I’m willing to look at that,” Hochul said about the bail eligibility for making terroristic threats.

Hochul insisted the legislature revise the bail laws in the state budget passed earlier this year. Lawmakers and the Governor agreed to some narrow changes, the most significant of which removed the instruction to judges to hold defendants with the “least restrictive means.”