Bill Text: NY S07322 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes crimes committed by members of street gangs or a criminal enterprise to be eligible for bail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07322 Detail]
Download: New_York-2023-S07322-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7322 2023-2024 Regular Sessions IN SENATE May 19, 2023 ___________ Introduced by Sen. CANZONERI-FITZPATRICK -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to authorizing crimes committed by members of street gangs or a criminal enterprise to be eligible for 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 21 upon a review of the facts alleged in the accusatory instrument, if the 22 court determines that such theft is negligible and does not appear to be 23 in furtherance of other criminal activity, the principal shall be EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09220-01-3S. 7322 2 1 released on his or her own recognizance or under appropriate non-mone- 2 tary conditions; [or] 3 (u) criminal possession of a weapon in the third degree as defined in 4 subdivision three of section 265.02 of the penal law or criminal sale of 5 a firearm to a minor as defined in section 265.16 of the penal law[.]; 6 or 7 (v) any misdemeanor or felony offense and there is reasonable cause to 8 believe the principal is associated with a criminal street gang, as 9 defined in section 10-170 of the administrative code of the city of New 10 York or a criminal enterprise, as defined in section 460.10 of the penal 11 law and there is reasonable cause to believe the offense is connected to 12 criminal street gang or criminal enterprise activity. 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 and there is reasonable cause 41 to believe the principal is associated with a criminal street gang, as 42 defined in section 10-170 of the administrative code of the city of New 43 York or a criminal enterprise, as defined in section 460.10 of the penal 44 law and there is reasonable cause to believe the offense is connected to 45 criminal street gang or criminal enterprise activity. 46 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 47 criminal procedure law, paragraph (t) as amended and paragraph (u) as 48 added by section 4 of subpart B of part UU of chapter 56 of the laws of 49 2022, are amended and a new subdivision (v) is added to read as follows: 50 (t) any felony or class A misdemeanor involving harm to an identifi- 51 able person or property, or any charge of criminal possession of a 52 firearm as defined in section 265.01-b of the penal law, where such 53 charge arose from conduct occurring while the defendant was released on 54 his or her own recognizance, released under conditions, or had yet to be 55 arraigned after the issuance of a desk appearance ticket for a separate 56 felony or class A misdemeanor involving harm to an identifiable personS. 7322 3 1 or property, or any charge of criminal possession of a firearm as 2 defined in section 265.01-b of the penal law, provided, however, that 3 the prosecutor must show reasonable cause to believe that the defendant 4 committed the instant crime and any underlying crime. For the purposes 5 of this subparagraph, any of the underlying crimes need not be a quali- 6 fying offense as defined in this subdivision. For the purposes of this 7 paragraph, "harm to an identifiable person or property" shall include 8 but not be limited to theft of or damage to property. However, based 9 upon a review of the facts alleged in the accusatory instrument, if the 10 court determines that such theft is negligible and does not appear to be 11 in furtherance of other criminal activity, the principal shall be 12 released on his or her own recognizance or under appropriate non-mone- 13 tary conditions; [or] 14 (u) criminal possession of a weapon in the third degree as defined in 15 subdivision three of section 265.02 of the penal law or criminal sale of 16 a firearm to a minor as defined in section 265.16 of the penal law[.]; 17 or 18 (v) any misdemeanor or felony offense and there is reasonable cause to 19 believe the principal is associated with a criminal street gang, as 20 defined in section 10-170 of the administrative code of the city of New 21 York or a criminal enterprise, as defined in section 460.10 of the penal 22 law and there is reasonable cause to believe the offense is connected to 23 criminal street gang or criminal enterprise activity. 24 § 4. This act shall take effect immediately.
