Bill Text: NY S07300 | 2021-2022 | 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 6-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CODES [S07300 Detail]
Download: New_York-2021-S07300-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7300 2021-2022 Regular Sessions IN SENATE July 21, 2021 ___________ Introduced by Sen. WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 (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, any of the underlying crimes need not be 16 a qualifying offense as defined in this subdivision[.]; or 17 (u) any misdemeanor or felony offense involving the use or possession 18 of a firearm, shotgun or rifle. 19 § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of 20 section 530.20 of the criminal procedure law, as amended by section 3 of 21 part UU of chapter 56 of the laws of 2020, are amended and a new subpar- 22 agraph (xxi) is added to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11907-01-1S. 7300 2 1 (xix) a felony, where the defendant qualifies for sentencing on such 2 charge as a persistent felony offender pursuant to section 70.10 of the 3 penal law; [or] 4 (xx) any felony or class A misdemeanor involving harm to an identifi- 5 able person or property, where such charge arose from conduct occurring 6 while the defendant was released on his or her own recognizance or 7 released under conditions for a separate felony or class A misdemeanor 8 involving harm to an identifiable person or property, provided, however, 9 that the prosecutor must show reasonable cause to believe that the 10 defendant committed the instant crime and any underlying crime. For the 11 purposes of this subparagraph, any of the underlying crimes need not be 12 a qualifying offense as defined in this subdivision[.]; or 13 (xxi) any misdemeanor or felony offense involving the use or 14 possession of a firearm, shotgun or rifle. 15 § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of the 16 criminal procedure law, as added by section 4 of part UU of chapter 56 17 of the laws of 2020, are amended and a new subdivision (u) is added to 18 read as follows: 19 (s) a felony, where the defendant qualifies for sentencing on such 20 charge as a persistent felony offender pursuant to section 70.10 of the 21 penal law; [or] 22 (t) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, where such charge arose from conduct occurring 24 while the defendant was released on his or her own recognizance or 25 released under conditions for a separate felony or class A misdemeanor 26 involving harm to an identifiable person or property, provided, however, 27 that the prosecutor must show reasonable cause to believe that the 28 defendant committed the instant crime and any underlying crime. For the 29 purposes of this subparagraph, any of the underlying crimes need not be 30 a qualifying offense as defined in this subdivision[.]; or 31 (u) any misdemeanor or felony offense involving the use or possession 32 of a firearm, shotgun or rifle. 33 § 4. This act shall take effect immediately.