STATE OF NEW YORK ________________________________________________________________________ 307 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. RHOADS, CANZONERI-FITZPATRICK, GALLIVAN, HELMING, MARTINS, MATTERA, MURRAY, OBERACKER -- 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 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 22 of this subparagraph, any of the underlying crimes need not be a quali- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01216-01-5
S. 307 2 1 fying offense as defined in this subdivision. For the purposes of this 2 paragraph, "harm to an identifiable person or property" shall include 3 but not be limited to theft of or damage to property. However, based 4 upon a review of the facts alleged in the accusatory instrument, if the 5 court determines that such theft is negligible and does not appear to be 6 in furtherance of other criminal activity, the principal shall be 7 released on [his or her] their own recognizance or under appropriate 8 non-monetary conditions; [or] 9 (u) criminal possession of a weapon in the third degree as defined in 10 subdivision three of section 265.02 of the penal law or criminal sale of 11 a firearm to a minor as defined in section 265.16 of the penal law[.]; 12 or 13 (v) any felony offense defined in article two hundred twenty of the 14 penal law, where such offense involves the manufacture, sale, distrib- 15 ution, or possession with intent to sell synthetic opioids, including 16 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 17 analogues. 18 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 19 section 530.20 of the criminal procedure law, subparagraph (xx) as 20 amended and subparagraph (xxi) as added by section 4 of subpart C of 21 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 22 agraph (xxii) is added to read as follows: 23 (xx) any felony or class A misdemeanor involving harm to an identifi- 24 able person or property, or any charge of criminal possession of a 25 firearm as defined in section 265.01-b of the penal law where such 26 charge arose from conduct occurring while the defendant was released on 27 [his or her] their own recognizance, released under conditions, or had 28 yet to be arraigned after the issuance of a desk appearance ticket for a 29 separate felony or class A misdemeanor involving harm to an identifiable 30 person or property, provided, however, that the prosecutor must show 31 reasonable cause to believe that the defendant committed the instant 32 crime and any underlying crime. For the purposes of this subparagraph, 33 any of the underlying crimes need not be a qualifying offense as defined 34 in this subdivision. For the purposes of this paragraph, "harm to an 35 identifiable person or property" shall include but not be limited to 36 theft of or damage to property. However, based upon a review of the 37 facts alleged in the accusatory instrument, if the court determines that 38 such theft is negligible and does not appear to be in furtherance of 39 other criminal activity, the principal shall be released on [his or her] 40 their own recognizance or under appropriate non-monetary conditions; 41 [or] 42 (xxi) criminal possession of a weapon in the third degree as defined 43 in subdivision three of section 265.02 of the penal law or criminal sale 44 of a firearm to a minor as defined in section 265.16 of the penal 45 law[.]; or 46 (xxii) any felony offense defined in article two hundred twenty of the 47 penal law, where such offense involves the manufacture, sale, distrib- 48 ution, or possession with intent to sell synthetic opioids, including 49 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 50 analogues. 51 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 52 criminal procedure law, paragraph (t) as amended and paragraph (u) as 53 added by section 4 of subpart B of part UU of chapter 56 of the laws of 54 2022, are amended and a new paragraph (v) is added to read as follows: 55 (t) any felony or class A misdemeanor involving harm to an identifi- 56 able person or property, or any charge of criminal possession of a
S. 307 3 1 firearm as defined in section 265.01-b of the penal law, where such 2 charge arose from conduct occurring while the defendant was released on 3 [his or her] their own recognizance, released under conditions, or had 4 yet to be arraigned after the issuance of a desk appearance ticket for a 5 separate felony or class A misdemeanor involving harm to an identifiable 6 person or property, or any charge of criminal possession of a firearm as 7 defined in section 265.01-b of the penal law, provided, however, that 8 the prosecutor must show reasonable cause to believe that the defendant 9 committed the instant crime and any underlying crime. For the purposes 10 of this subparagraph, any of the underlying crimes need not be a quali- 11 fying offense as defined in this subdivision. For the purposes of this 12 paragraph, "harm to an identifiable person or property" shall include 13 but not be limited to theft of or damage to property. However, based 14 upon a review of the facts alleged in the accusatory instrument, if the 15 court determines that such theft is negligible and does not appear to be 16 in furtherance of other criminal activity, the principal shall be 17 released on [his or her] their own recognizance or under appropriate 18 non-monetary conditions; [or] 19 (u) criminal possession of a weapon in the third degree as defined in 20 subdivision three of section 265.02 of the penal law or criminal sale of 21 a firearm to a minor as defined in section 265.16 of the penal law[.]; 22 or 23 (v) any felony offense defined in article two hundred twenty of the 24 penal law, where such offense involves the manufacture, sale, distrib- 25 ution, or possession with intent to sell synthetic opioids, including 26 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene 27 analogues. 28 § 5. This act shall take effect immediately.