Bill Text: NY A01503 | 2023-2024 | General Assembly | Introduced
Bill Title: Includes offenses involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail.
Spectrum: Partisan Bill (Republican 24-1)
Status: (Introduced) 2024-01-03 - referred to codes [A01503 Detail]
Download: New_York-2023-A01503-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1503 2023-2024 Regular Sessions IN ASSEMBLY January 17, 2023 ___________ Introduced by M. of A. BARCLAY, J. M. GIGLIO, GALLAHAN, JENSEN, McDO- NOUGH, GANDOLFO, BYRNES, RA, K. BROWN, SMITH, ANGELINO, DURSO, MORI- NELLO, LEMONDES, REILLY, SIMPSON, TANNOUSIS, PALMESANO, WALSH, NORRIS, BRABENEC -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to including offenses involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (t) as amended and paragraph 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the 4 laws of 2022, are amended and a new paragraph (v) is added to read as 5 follows: 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law, where such 9 charge arose from conduct occurring while the defendant was released on 10 his or her own recognizance, released under conditions, or had yet to be 11 arraigned after the issuance of a desk appearance ticket for a separate 12 felony or class A misdemeanor involving harm to an identifiable person 13 or property, or any charge of criminal possession of a firearm as 14 defined in section 265.01-b of the penal law, provided, however, that 15 the prosecutor must show reasonable cause to believe that the defendant 16 committed the instant crime and any underlying crime. For the purposes 17 of this subparagraph, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this 19 paragraph, "harm to an identifiable person or property" shall include 20 but not be limited to theft of or damage to property. However, based EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05951-01-3A. 1503 2 1 upon a review of the facts alleged in the accusatory instrument, if the 2 court determines that such theft is negligible and does not appear to be 3 in furtherance of other criminal activity, the principal shall be 4 released on his or her own recognizance or under appropriate non-mone- 5 tary conditions; [or] 6 (u) criminal possession of a weapon in the third degree as defined in 7 subdivision three of section 265.02 of the penal law or criminal sale of 8 a firearm to a minor as defined in section 265.16 of the penal law[.]; 9 or 10 (v) any misdemeanor or felony offense as defined in the penal law 11 involving the possession, display or discharge of a firearm, rifle, 12 shotgun, machine-gun, or disguised gun. 13 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 14 section 530.20 of the criminal procedure law, subparagraph (xx) as 15 amended and subparagraph (xxi) as added by section 4 of subpart C of 16 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 17 agraph (xxii) is added to read as follows: 18 (xx) any felony or class A misdemeanor involving harm to an identifi- 19 able person or property, or any charge of criminal possession of a 20 firearm as defined in section 265.01-b of the penal law where such 21 charge arose from conduct occurring while the defendant was released on 22 his or her own recognizance, released under conditions, or had yet to be 23 arraigned after the issuance of a desk appearance ticket for a separate 24 felony or class A misdemeanor involving harm to an identifiable person 25 or property, provided, however, that the prosecutor must show reasonable 26 cause to believe that the defendant committed the instant crime and any 27 underlying crime. For the purposes of this subparagraph, any of the 28 underlying crimes need not be a qualifying offense as defined in this 29 subdivision. For the purposes of this paragraph, "harm to an identifi- 30 able person or property" shall include but not be limited to theft of or 31 damage to property. However, based upon a review of the facts alleged in 32 the accusatory instrument, if the court determines that such theft is 33 negligible and does not appear to be in furtherance of other criminal 34 activity, the principal shall be released on his or her own recognizance 35 or under appropriate non-monetary conditions; [or] 36 (xxi) criminal possession of a weapon in the third degree as defined 37 in subdivision three of section 265.02 of the penal law or criminal sale 38 of a firearm to a minor as defined in section 265.16 of the penal 39 law[.]; or 40 (xxii) any misdemeanor or felony offense as defined in the penal law 41 involving the possession, display or discharge of a firearm, rifle, 42 shotgun, machine-gun, or disguised gun. 43 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 44 criminal procedure law, paragraph (t) as amended and paragraph (u) as 45 added by section 4 of subpart B of part UU of chapter 56 of the laws of 46 2022 are amended and a new paragraph (v) is added to read as follows: 47 (t) any felony or class A misdemeanor involving harm to an identifi- 48 able person or property, or any charge of criminal possession of a 49 firearm as defined in section 265.01-b of the penal law, where such 50 charge arose from conduct occurring while the defendant was released on 51 his or her own recognizance, released under conditions, or had yet to be 52 arraigned after the issuance of a desk appearance ticket for a separate 53 felony or class A misdemeanor involving harm to an identifiable person 54 or property, or any charge of criminal possession of a firearm as 55 defined in section 265.01-b of the penal law, provided, however, that 56 the prosecutor must show reasonable cause to believe that the defendantA. 1503 3 1 committed the instant crime and any underlying crime. For the purposes 2 of this subparagraph, any of the underlying crimes need not be a quali- 3 fying offense as defined in this subdivision. For the purposes of this 4 paragraph, "harm to an identifiable person or property" shall include 5 but not be limited to theft of or damage to property. However, based 6 upon a review of the facts alleged in the accusatory instrument, if the 7 court determines that such theft is negligible and does not appear to be 8 in furtherance of other criminal activity, the principal shall be 9 released on his or her own recognizance or under appropriate non-mone- 10 tary conditions; [or] 11 (u) criminal possession of a weapon in the third degree as defined in 12 subdivision three of section 265.02 of the penal law or criminal sale of 13 a firearm to a minor as defined in section 265.16 of the penal law[.]; 14 or 15 (v) any misdemeanor or felony offense as defined in the penal law 16 involving the possession, display or discharge of a firearm, rifle, 17 shotgun, machine-gun, or disguised gun. 18 § 4. This act shall take effect immediately.
