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.
                                                                   LBD11907-01-1

        S. 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.
feedback