Bill Text: NY A07066 | 2021-2022 | General Assembly | Introduced

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Bill Title: Includes offenses involving the possession, display or discharge of a firearm, rifle, shotgun, machine-gun, or disguised gun as qualifying offenses for the purpose of allowing a principal to be eligible to be held on bail.

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2022-04-25 - held for consideration in codes [A07066 Detail]

Download: New_York-2021-A07066-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7066

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     April 21, 2021
                                       ___________

        Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
          tee on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  including
          offenses  involving the possession, display or discharge of a firearm,
          rifle, shotgun, machine-gun, or disguised gun as  qualifying  offenses
          for  the  purpose of allowing a principal to be eligible to be held on
          bail

          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] paragraph, any of the underlying  crimes
    16  need not be a qualifying offense as defined in this subdivision[.]; or
    17    (u)  any  misdemeanor  or  felony  offense as defined in the penal law
    18  involving the possession, display or  discharge  of  a  firearm,  rifle,
    19  shotgun, machine-gun, or disguised gun.
    20    § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
    21  section 530.20 of the criminal procedure law, as amended by section 3 of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10809-02-1
        A. 7066                             2

     1  part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
     2  agraph (xxi) is added to read as follows:
     3    (xix)  a  felony, where the defendant qualifies for sentencing on such
     4  charge as a persistent felony offender pursuant to section 70.10 of  the
     5  penal law; [or]
     6    (xx)  any felony or class A misdemeanor involving harm to an identifi-
     7  able person or property, where such charge arose from conduct  occurring
     8  while  the  defendant  was  released  on  his or her own recognizance or
     9  released under conditions for a separate felony or class  A  misdemeanor
    10  involving harm to an identifiable person or property, provided, however,
    11  that  the  prosecutor  must  show  reasonable  cause to believe that the
    12  defendant committed the instant crime and any underlying crime. For  the
    13  purposes  of this subparagraph, any of the underlying crimes need not be
    14  a qualifying offense as defined in this subdivision[.]; or
    15    (xxi) any misdemeanor or felony offense as defined in  the  penal  law
    16  involving  the  possession,  display  or  discharge of a firearm, rifle,
    17  shotgun, machine-gun, or disguised gun.
    18    § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of  the
    19  criminal  procedure  law, as added by section 4 of part UU of chapter 56
    20  of the laws of 2020 are amended, and a new paragraph  (u)  is  added  to
    21  read as follows:
    22    (s)  a  felony,  where  the defendant qualifies for sentencing on such
    23  charge as a persistent felony offender pursuant to section 70.10 of  the
    24  penal law; [or]
    25    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    26  able person or property, where such charge arose from conduct  occurring
    27  while  the  defendant  was  released  on  his or her own recognizance or
    28  released under conditions for a separate felony or class  A  misdemeanor
    29  involving harm to an identifiable person or property, provided, however,
    30  that  the  prosecutor  must  show  reasonable  cause to believe that the
    31  defendant committed the instant crime and any underlying crime. For  the
    32  purposes  of this [subparagraph] paragraph, any of the underlying crimes
    33  need not be a qualifying offense as defined in this subdivision[.]; or
    34    (u) any misdemeanor or felony offense as  defined  in  the  penal  law
    35  involving  the  possession,  display  or  discharge of a firearm, rifle,
    36  shotgun, machine-gun, or disguised gun.
    37    § 4. This act shall take effect immediately.