Bill Text: NY A09719 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the court to commit a defendant to the custody of the sheriff when such defendant is charged with an offense under the penal law involving the use or possession of a firearm, and such firearm is not legally registered, licensed or possessed in accordance with section 400.00 of the penal law.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-05-14 - held for consideration in codes [A09719 Detail]

Download: New_York-2023-A09719-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9719

                   IN ASSEMBLY

                                      April 3, 2024
                                       ___________

        Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law, in relation to providing for
          automatic remand of persons charged with an offense involving the  use
          or possession of an illegal firearm

          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 "Diller's law".
     2    § 2. Section 530.20 of the criminal procedure law is amended by adding
     3  a new subdivision 3 to read as follows:
     4    3. The court shall commit the defendant to the custody of the  sheriff
     5  when:
     6    (a)  the  defendant  is  charged, by felony complaint, with an offense
     7  under article two hundred sixty-five of  the  penal  law  or  any  other
     8  offense  under  the  penal  law  involving  the  use  or possession of a
     9  firearm; and
    10    (b)   the firearm used or  possessed  during  the  commission  of  the
    11  offense  is  not legally registered, licensed or possessed in accordance
    12  with section 400.00 of the penal law.
    13    § 3. This act shall take effect on the first of November next succeed-
    14  ing the date on which it shall have become a  law  and  shall  apply  to
    15  offenses charged on or after such date.





         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15048-02-4