STATE OF NEW YORK ________________________________________________________________________ 5110 2025-2026 Regular Sessions IN ASSEMBLY February 12, 2025 ___________ Introduced by M. of A. STERN, BUTTENSCHON, COLTON, FALL, JACOBSON, JONES, PHEFFER AMATO, WILLIAMS, RA, K. BROWN, E. BROWN, BLUMENCRANZ, DeSTEFANO, DURSO, GANDOLFO, JENSEN, McDONOUGH, SLATER, GRAY, CHANG -- Multi-Sponsored by -- M. of A. SHIMSKY -- read once and referred to the Committee on Codes 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] their own recognizance, released under conditions, or had 16 yet to be arraigned after the issuance of a desk appearance ticket for a 17 separate felony or class A misdemeanor involving harm to an identifiable 18 person 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01216-01-5
A. 5110 2 1 of this subparagraph, any of the underlying crimes need not be a quali- 2 fying offense as defined in this subdivision. For the purposes of this 3 paragraph, "harm to an identifiable person or property" shall include 4 but not be limited to theft of or damage to property. However, based 5 upon a review of the facts alleged in the accusatory instrument, if the 6 court determines that such theft is negligible and does not appear to be 7 in furtherance of other criminal activity, the principal shall be 8 released on [his or her] their own recognizance or under appropriate 9 non-monetary conditions; [or] 10 (u) criminal possession of a weapon in the third degree as defined in 11 subdivision three of section 265.02 of the penal law or criminal sale of 12 a firearm to a minor as defined in section 265.16 of the penal law[.]; 13 or 14 (v) any felony offense defined in article two hundred twenty of the 15 penal law, where such offense involves the manufacture, sale, distrib- 16 ution, or possession with intent to sell synthetic opioids, including 17 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 18 analogues. 19 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 20 section 530.20 of the criminal procedure law, subparagraph (xx) as 21 amended and subparagraph (xxi) as added by section 4 of subpart C of 22 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 23 agraph (xxii) is added to read as follows: 24 (xx) any felony or class A misdemeanor involving harm to an identifi- 25 able person or property, or any charge of criminal possession of a 26 firearm as defined in section 265.01-b of the penal law where such 27 charge arose from conduct occurring while the defendant was released on 28 [his or her] their own recognizance, released under conditions, or had 29 yet to be arraigned after the issuance of a desk appearance ticket for a 30 separate felony or class A misdemeanor involving harm to an identifiable 31 person or property, provided, however, that the prosecutor must show 32 reasonable cause to believe that the defendant committed the instant 33 crime and any underlying crime. For the purposes of this subparagraph, 34 any of the underlying crimes need not be a qualifying offense as defined 35 in this subdivision. For the purposes of this paragraph, "harm to an 36 identifiable person or property" shall include but not be limited to 37 theft of or damage to property. However, based upon a review of the 38 facts alleged in the accusatory instrument, if the court determines that 39 such theft is negligible and does not appear to be in furtherance of 40 other criminal activity, the principal shall be released on [his or her] 41 their own recognizance or under appropriate non-monetary conditions; 42 [or] 43 (xxi) criminal possession of a weapon in the third degree as defined 44 in subdivision three of section 265.02 of the penal law or criminal sale 45 of a firearm to a minor as defined in section 265.16 of the penal 46 law[.]; or 47 (xxii) any felony offense defined in article two hundred twenty of the 48 penal law, where such offense involves the manufacture, sale, distrib- 49 ution, or possession with intent to sell synthetic opioids, including 50 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 51 analogues. 52 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 53 criminal procedure law, paragraph (t) as amended and paragraph (u) as 54 added by section 4 of subpart B of part UU of chapter 56 of the laws of 55 2022, are amended and a new paragraph (v) is added to read as follows:
A. 5110 3 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 [his or her] their own recognizance, released under conditions, or had 6 yet to be arraigned after the issuance of a desk appearance ticket for a 7 separate felony or class A misdemeanor involving harm to an identifiable 8 person or property, or any charge of criminal possession of a firearm as 9 defined in section 265.01-b of the penal law, provided, however, that 10 the prosecutor must show reasonable cause to believe that the defendant 11 committed the instant crime and any underlying crime. For the purposes 12 of this subparagraph, any of the underlying crimes need not be a quali- 13 fying offense as defined in this subdivision. For the purposes of this 14 paragraph, "harm to an identifiable person or property" shall include 15 but not be limited to theft of or damage to property. However, based 16 upon a review of the facts alleged in the accusatory instrument, if the 17 court determines that such theft is negligible and does not appear to be 18 in furtherance of other criminal activity, the principal shall be 19 released on [his or her] their own recognizance or under appropriate 20 non-monetary conditions; [or] 21 (u) criminal possession of a weapon in the third degree as defined in 22 subdivision three of section 265.02 of the penal law or criminal sale of 23 a firearm to a minor as defined in section 265.16 of the penal law[.]; 24 or 25 (v) any felony offense defined in article two hundred twenty of the 26 penal law, where such offense involves the manufacture, sale, distrib- 27 ution, or possession with intent to sell synthetic opioids, including 28 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 29 analogues. 30 § 5. This act shall take effect immediately.