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.
                                                                   LBD05951-01-3

        A. 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 defendant

        A. 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.