Bill Text: NY A08309 | 2021-2022 | General Assembly | Amended
Bill Title: Includes certain violations involving the use of a machine-gun, firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon as qualifying offenses for the purpose of imposing bail.
Spectrum: Slight Partisan Bill (Democrat 15-5)
Status: (Introduced - Dead) 2022-04-05 - print number 8309a [A08309 Detail]
Download: New_York-2021-A08309-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8309--A 2021-2022 Regular Sessions IN ASSEMBLY October 20, 2021 ___________ Introduced by M. of A. GALEF, ENGLEBRIGHT, THIELE, McDONALD, WOERNER, BUTTENSCHON, BARNWELL, STERN, SIMON, PHEFFER AMATO, GRIFFIN, WALLACE, JACOBSON, CONRAD -- Multi-Sponsored by -- M. of A. BYRNE, LAWLER, MONTESANO, MORINELLO, SALKA -- read once and referred to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to including certain violations involving the use of a firearm as qualifying offenses for the purpose of imposing bail The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (s) and (t) of subdivision 4 of section 510.10 2 of the criminal procedure law, as added by section 2 of part UU of chap- 3 ter 56 of the laws of 2020, are amended and a new paragraph (u) is added 4 to read as follows: 5 (s) a felony, where the defendant qualifies for sentencing on such 6 charge as a persistent felony offender pursuant to section 70.10 of the 7 penal law; [or] 8 (t) any felony or class A misdemeanor involving harm to an identifi- 9 able person or property, where such charge arose from conduct occurring 10 while the defendant was released on his or her own recognizance or 11 released under conditions for a separate felony or class A misdemeanor 12 involving harm to an identifiable person or property, provided, however, 13 that the prosecutor must show reasonable cause to believe that the 14 defendant committed the instant crime and any underlying crime. For the 15 purposes of this [subparagraph] paragraph, any of the underlying crimes 16 need not be a qualifying offense as defined in this subdivision[.]; or 17 (u) any crime in violation of article two hundred sixty-five of the 18 penal law involving the use of a machine-gun, firearm silencer, firearm, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11213-03-1A. 8309--A 2 1 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 2 terms are defined in section 265.00 of the penal law. 3 § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 4 section 530.20 of the criminal procedure law, as amended by section 3 of 5 part UU of chapter 56 of the laws of 2020, are amended and a new subpar- 6 agraph (xxi) is added to read as follows: 7 (xix) a felony, where the defendant qualifies for sentencing on such 8 charge as a persistent felony offender pursuant to section 70.10 of the 9 penal law; [or] 10 (xx) any felony or class A misdemeanor involving harm to an identifi- 11 able person or property, where such charge arose from conduct occurring 12 while the defendant was released on his or her own recognizance or 13 released under conditions for a separate felony or class A misdemeanor 14 involving harm to an identifiable person or property, provided, however, 15 that the prosecutor must show reasonable cause to believe that the 16 defendant committed the instant crime and any underlying crime. For the 17 purposes of this subparagraph, any of the underlying crimes need not be 18 a qualifying offense as defined in this subdivision[.]; or 19 (xxi) any crime in violation of article two hundred sixty-five of the 20 penal law involving the use of a machine-gun, firearm silencer, firearm, 21 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 22 terms are defined in section 265.00 of the penal law. 23 § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 24 criminal procedure law, as added by section 4 of part UU of chapter 56 25 of the laws of 2020, are amended and a new paragraph (u) is added to 26 read as follows: 27 (s) a felony, where the defendant qualifies for sentencing on such 28 charge as a persistent felony offender pursuant to section 70.10 of the 29 penal law; [or] 30 (t) any felony or class A misdemeanor involving harm to an identifi- 31 able person or property, where such charge arose from conduct occurring 32 while the defendant was released on his or her own recognizance or 33 released under conditions for a separate felony or class A misdemeanor 34 involving harm to an identifiable person or property, provided, however, 35 that the prosecutor must show reasonable cause to believe that the 36 defendant committed the instant crime and any underlying crime. For the 37 purposes of this [subparagraph] paragraph, any of the underlying crimes 38 need not be a qualifying offense as defined in this subdivision[.]; or 39 (u) any crime in violation of article two hundred sixty-five of the 40 penal law involving the use of a machine-gun, firearm silencer, firearm, 41 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 42 terms are defined in section 265.00 of the penal law. 43 § 4. Paragraphs (a) and (e) of subdivision 2 of section 530.60 of the 44 criminal procedure law, as amended by section 20 of part JJJ of chapter 45 59 of the laws of 2019, are amended to read as follows: 46 (a) Whenever in the course of a criminal action or proceeding a 47 defendant charged with the commission of a felony is at liberty as a 48 result of an order of recognizance, release under non-monetary condi- 49 tions or bail issued pursuant to this article it shall be grounds for 50 revoking such order that the court finds reasonable cause to believe the 51 defendant committed one or more specified class A or violent felony 52 offenses, or intimidated a victim or witness in violation of section 53 215.15, 215.16 or 215.17 of the penal law or committed any crime in 54 violation of article two hundred sixty-five of the penal law involving 55 the use of a machine-gun, firearm silencer, firearm, rifle, shotgun,A. 8309--A 3 1 disguised gun, ghost gun or assault weapon, as such terms are defined in 2 section 265.00 of the penal law, while at liberty. 3 (e) Notwithstanding the provisions of paragraph (a) or (b) of this 4 subdivision a defendant, against whom a felony complaint has been filed 5 which charges the defendant with commission of a class A or violent 6 felony offense, or violation of section 215.15, 215.16 or 215.17 of the 7 penal law or violation of article two hundred sixty-five of the penal 8 law involving the use of a machine-gun, firearm silencer, firearm, 9 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 10 terms are defined in section 265.00 of the penal law, committed while he 11 was at liberty as specified therein, may be committed to the custody of 12 the sheriff pending a revocation hearing for a period not to exceed 13 seventy-two hours. An additional period not to exceed seventy-two hours 14 may be granted by the court upon application of the district attorney 15 upon a showing of good cause or where the failure to commence the hear- 16 ing was due to the defendant's request or occurred with his consent. 17 Such good cause must consist of some compelling fact or circumstance 18 which precluded conducting the hearing within the initial prescribed 19 period. 20 § 5. This act shall take effect immediately.
