STATE OF NEW YORK ________________________________________________________________________ 7816 2023-2024 Regular Sessions IN SENATE December 15, 2023 ___________ Introduced by Sen. RHOADS -- 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 authorizing bail for certain felony offenses involving the manufacture, sale, distribution, or possession with intent to sell synthetic opioids The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 4 of section 510.10 of the 2 criminal procedure law, as amended by section 2 of part UU of chapter 56 3 of the laws of 2020, is amended to read as follows: 4 (d) a class A felony defined in the penal law[, provided that for 5 class A felonies under article two hundred twenty of the penal law, only 6 class A-I felonies shall be a qualifying offense]; 7 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 8 criminal procedure law, paragraph (t) as amended and paragraph (u) as 9 added by section 2 of subpart B of part UU of chapter 56 of the laws of 10 2022, are amended and a new paragraph (v) is added to read as follows: 11 (t) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, or any charge of criminal possession of a 13 firearm as defined in section 265.01-b of the penal law, where such 14 charge arose from conduct occurring while the defendant was released on 15 his or her own recognizance, released under conditions, or had yet to be 16 arraigned after the issuance of a desk appearance ticket for a separate 17 felony or class A misdemeanor involving harm to an identifiable person 18 or property, or any charge of criminal possession of a firearm as 19 defined in section 265.01-b of the penal law, provided, however, that 20 the prosecutor must show reasonable cause to believe that the defendant 21 committed the instant crime and any underlying crime. For the purposes 22 of this subparagraph, any of the underlying crimes need not be a quali- 23 fying offense as defined in this subdivision. For the purposes of this 24 paragraph, "harm to an identifiable person or property" shall include EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13271-01-3
S. 7816 2 1 but not be limited to theft of or damage to property. However, based 2 upon a review of the facts alleged in the accusatory instrument, if the 3 court determines that such theft is negligible and does not appear to be 4 in furtherance of other criminal activity, the principal shall be 5 released on his or her own recognizance or under appropriate non-mone- 6 tary conditions; [or] 7 (u) criminal possession of a weapon in the third degree as defined in 8 subdivision three of section 265.02 of the penal law or criminal sale of 9 a firearm to a minor as defined in section 265.16 of the penal law[.]; 10 or 11 (v) any felony offense defined in article two hundred twenty of the 12 penal law, where such offense involves the manufacture, sale, distrib- 13 ution, or possession with intent to sell synthetic opioids, including 14 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 15 analogues. 16 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 17 section 530.20 of the criminal procedure law, subparagraph (xx) as 18 amended and subparagraph (xxi) as added by section 4 of subpart C of 19 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 20 agraph (xxii) is added to read as follows: 21 (xx) any felony or class A misdemeanor involving harm to an identifi- 22 able person or property, or any charge of criminal possession of a 23 firearm as defined in section 265.01-b of the penal law where such 24 charge arose from conduct occurring while the defendant was released on 25 his or her own recognizance, released under conditions, or had yet to be 26 arraigned after the issuance of a desk appearance ticket for a separate 27 felony or class A misdemeanor involving harm to an identifiable person 28 or property, provided, however, that the prosecutor must show reasonable 29 cause to believe that the defendant committed the instant crime and any 30 underlying crime. For the purposes of this subparagraph, any of the 31 underlying crimes need not be a qualifying offense as defined in this 32 subdivision. For the purposes of this paragraph, "harm to an identifi- 33 able person or property" shall include but not be limited to theft of or 34 damage to property. However, based upon a review of the facts alleged in 35 the accusatory instrument, if the court determines that such theft is 36 negligible and does not appear to be in furtherance of other criminal 37 activity, the principal shall be released on his or her own recognizance 38 or under appropriate non-monetary conditions; [or] 39 (xxi) criminal possession of a weapon in the third degree as defined 40 in subdivision three of section 265.02 of the penal law or criminal sale 41 of a firearm to a minor as defined in section 265.16 of the penal 42 law[.]; or 43 (xxii) any felony offense defined in article two hundred twenty of the 44 penal law, where such offense involves the manufacture, sale, distrib- 45 ution, or possession with intent to sell synthetic opioids, including 46 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 47 analogues. 48 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 49 criminal procedure law, paragraph (t) as amended and paragraph (u) as 50 added by section 4 of subpart B of part UU of chapter 56 of the laws of 51 2022, are amended and a new paragraph (v) is added to read as follows: 52 (t) any felony or class A misdemeanor involving harm to an identifi- 53 able person or property, or any charge of criminal possession of a 54 firearm as defined in section 265.01-b of the penal law, where such 55 charge arose from conduct occurring while the defendant was released on 56 his or her own recognizance, released under conditions, or had yet to be
S. 7816 3 1 arraigned after the issuance of a desk appearance ticket for a separate 2 felony or class A misdemeanor involving harm to an identifiable person 3 or property, or any charge of criminal possession of a firearm as 4 defined in section 265.01-b of the penal law, provided, however, that 5 the prosecutor must show reasonable cause to believe that the defendant 6 committed the instant crime and any underlying crime. For the purposes 7 of this subparagraph, any of the underlying crimes need not be a quali- 8 fying offense as defined in this subdivision. For the purposes of this 9 paragraph, "harm to an identifiable person or property" shall include 10 but not be limited to theft of or damage to property. However, based 11 upon a review of the facts alleged in the accusatory instrument, if the 12 court determines that such theft is negligible and does not appear to be 13 in furtherance of other criminal activity, the principal shall be 14 released on his or her own recognizance or under appropriate non-mone- 15 tary conditions; [or] 16 (u) criminal possession of a weapon in the third degree as defined in 17 subdivision three of section 265.02 of the penal law or criminal sale of 18 a firearm to a minor as defined in section 265.16 of the penal law[.]; 19 or 20 (v) any felony offense defined in article two hundred twenty of the 21 penal law, where such offense involves the manufacture, sale, distrib- 22 ution, or possession with intent to sell synthetic opioids, including 23 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 24 analogues. 25 § 5. This act shall take effect immediately