Bill Text: NY A05070 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes bail and pre-trial detention for all arson felonies.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-01-03 - referred to codes [A05070 Detail]
Download: New_York-2023-A05070-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5070 2023-2024 Regular Sessions IN ASSEMBLY March 2, 2023 ___________ Introduced by M. of A. GUNTHER, BUTTENSCHON, LUPARDO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to securing orders for principals charged with arson felony offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Billy's law". 2 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 3 criminal procedure law, paragraph (t) as amended and paragraph (u) as 4 added by section 2 of subpart B of part UU of chapter 56 of the laws of 5 2022, are amended and a new paragraph (v) is added to read as 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 24 released on his or her own recognizance or under appropriate non-mone- 25 tary conditions; [or] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09296-01-3A. 5070 2 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law[.]; 4 or 5 (v) arson in the fourth degree as defined in section 150.05 or arson 6 in the third degree as defined in section 150.10 of the penal law. 7 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 8 section 530.20 of the criminal procedure law, subparagraph (xx) as 9 amended and subparagraph (xxi) as added by section 4 of subpart C of 10 part UU of chapter 56 of the laws of 2022, are amended and a new 11 subparagraph (xxii) is added to read as follows: 12 (xx) any felony or class A misdemeanor involving harm to an identifi- 13 able person or property, or any charge of criminal possession of a 14 firearm as defined in section 265.01-b of the penal law where such 15 charge arose from conduct occurring while the defendant was released on 16 his or her own recognizance, released under conditions, or had yet to be 17 arraigned after the issuance of a desk appearance ticket for a separate 18 felony or class A misdemeanor involving harm to an identifiable person 19 or property, provided, however, that the prosecutor must show reasonable 20 cause to believe that the defendant committed the instant crime and any 21 underlying crime. For the purposes of this subparagraph, any of the 22 underlying crimes need not be a qualifying offense as defined in this 23 subdivision. For the purposes of this paragraph, "harm to an identifi- 24 able person or property" shall include but not be limited to theft of or 25 damage to property. However, based upon a review of the facts alleged in 26 the accusatory instrument, if the court determines that such theft is 27 negligible and does not appear to be in furtherance of other criminal 28 activity, the principal shall be released on his or her own recognizance 29 or under appropriate non-monetary conditions; [or] 30 (xxi) criminal possession of a weapon in the third degree as defined 31 in subdivision three of section 265.02 of the penal law or criminal sale 32 of a firearm to a minor as defined in section 265.16 of the penal 33 law[.]; or 34 (xxii) arson in the fourth degree as defined in section 150.05 or 35 arson in the third degree as defined in section 150.10 of the penal law. 36 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 37 criminal procedure law, paragraph (t) as amended and paragraph (u) as 38 added by section 4 of subpart B of part UU of chapter 56 of the laws of 39 2022, are amended and a new paragraph (v) is added to read as follows: 40 (t) any felony or class A misdemeanor involving harm to an identifi- 41 able person or property, or any charge of criminal possession of a 42 firearm as defined in section 265.01-b of the penal law, where such 43 charge arose from conduct occurring while the defendant was released on 44 his or her own recognizance, released under conditions, or had yet to be 45 arraigned after the issuance of a desk appearance ticket for a separate 46 felony or class A misdemeanor involving harm to an identifiable person 47 or property, or any charge of criminal possession of a firearm as 48 defined in section 265.01-b of the penal law, provided, however, that 49 the prosecutor must show reasonable cause to believe that the defendant 50 committed the instant crime and any underlying crime. For the purposes 51 of this subparagraph, any of the underlying crimes need not be a quali- 52 fying offense as defined in this subdivision. For the purposes of this 53 paragraph, "harm to an identifiable person or property" shall include 54 but not be limited to theft of or damage to property. However, based 55 upon a review of the facts alleged in the accusatory instrument, if the 56 court determines that such theft is negligible and does not appear to beA. 5070 3 1 in furtherance of other criminal activity, the principal shall be 2 released on his or her own recognizance or under appropriate non-mone- 3 tary conditions; [or] 4 (u) criminal possession of a weapon in the third degree as defined in 5 subdivision three of section 265.02 of the penal law or criminal sale of 6 a firearm to a minor as defined in section 265.16 of the penal law[.]; 7 or 8 (v) arson in the fourth degree as defined in section 150.05 or arson 9 in the third degree as defined in section 150.10 of the penal law. 10 § 5. This act shall take effect on the ninetieth day after it shall 11 have become a law.
