Bill Text: NY S03494 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to making any offense involving the use or possession of a firearm, shotgun or rifle bail eligible.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03494 Detail]
Download: New_York-2023-S03494-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3494 2023-2024 Regular Sessions IN SENATE January 31, 2023 ___________ Introduced by Sen. WEIK -- 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 making any offense involving the use or possession of a firearm, shotgun or rifle bail eligible 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. LBD07032-01-3S. 3494 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 involving the use or possession 8 of a firearm, shotgun or rifle. 9 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 10 section 530.20 of the criminal procedure law, subparagraph (xx) as 11 amended and subparagraph (xxi) as added by section 4 of subpart C of 12 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 13 agraph (xxii) is added to read as follows: 14 (xx) any felony or class A misdemeanor involving harm to an identifi- 15 able person or property, or any charge of criminal possession of a 16 firearm as defined in section 265.01-b of the penal law where such 17 charge arose from conduct occurring while the defendant was released on 18 his or her own recognizance, released under conditions, or had yet to be 19 arraigned after the issuance of a desk appearance ticket for a separate 20 felony or class A misdemeanor involving harm to an identifiable person 21 or property, provided, however, that the prosecutor must show reasonable 22 cause to believe that the defendant committed the instant crime and any 23 underlying crime. For the purposes of this subparagraph, any of the 24 underlying crimes need not be a qualifying offense as defined in this 25 subdivision. For the purposes of this paragraph, "harm to an identifi- 26 able person or property" shall include but not be limited to theft of or 27 damage to property. However, based upon a review of the facts alleged in 28 the accusatory instrument, if the court determines that such theft is 29 negligible and does not appear to be in furtherance of other criminal 30 activity, the principal shall be released on his or her own recognizance 31 or under appropriate non-monetary conditions; [or] 32 (xxi) criminal possession of a weapon in the third degree as defined 33 in subdivision three of section 265.02 of the penal law or criminal sale 34 of a firearm to a minor as defined in section 265.16 of the penal 35 law[.]; or 36 (xxii) any misdemeanor or felony offense involving the use or 37 possession of a firearm, shotgun or rifle. 38 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 39 criminal procedure law, paragraph (t) as amended and paragraph (u) as 40 added by section 4 of subpart B of part UU of chapter 56 of the laws of 41 2022, are amended and a new paragraph (v) is added to read as follows: 42 (t) any felony or class A misdemeanor involving harm to an identifi- 43 able person or property, or any charge of criminal possession of a 44 firearm as defined in section 265.01-b of the penal law, where such 45 charge arose from conduct occurring while the defendant was released on 46 his or her own recognizance, released under conditions, or had yet to be 47 arraigned after the issuance of a desk appearance ticket for a separate 48 felony or class A misdemeanor involving harm to an identifiable person 49 or property, or any charge of criminal possession of a firearm as 50 defined in section 265.01-b of the penal law, provided, however, that 51 the prosecutor must show reasonable cause to believe that the defendant 52 committed the instant crime and any underlying crime. For the purposes 53 of this subparagraph, any of the underlying crimes need not be a quali- 54 fying offense as defined in this subdivision. For the purposes of this 55 paragraph, "harm to an identifiable person or property" shall include 56 but not be limited to theft of or damage to property. However, basedS. 3494 3 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 involving the use or possession 11 of a firearm, shotgun or rifle. 12 § 4. This act shall take effect immediately.
