Bill Text: NY A08255 | 2023-2024 | General Assembly | Introduced

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Bill Title: Mandates pre-trial detention of a principal who stands charged with criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, or criminal possession of a controlled substance in the fifth degree.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced) 2024-01-03 - referred to codes [A08255 Detail]

Download: New_York-2023-A08255-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8255

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    November 15, 2023
                                       ___________

        Introduced  by  M. of A. GRAY -- read once and referred to the Committee
          on Codes

        AN ACT to amend the criminal procedure law,  in  relation  to  mandatory
          pre-trial detention of a principal charged with criminal possession of
          a controlled substance with intent to sell

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 510.25 to read as follows:
     3  § 510.25 Mandatory pre-trial detention.
     4    1.  Except  as  otherwise provided by subdivision two of this section,
     5  pre-trial detention of a principal shall be mandatory when the principal
     6  stands charged with criminal possession of a controlled substance in the
     7  third degree as defined in section 220.16 of  the  penal  law,  criminal
     8  possession  of a controlled substance in the fourth degree as defined in
     9  section 220.09 of the penal law, or criminal possession of a  controlled
    10  substance  in the fifth degree as defined in section 220.06 of the penal
    11  law.
    12    2. (a) The court, unless otherwise  prohibited  by  law,  may  in  its
    13  discretion   release  a  principal  who  stands  charged  with  criminal
    14  possession of a controlled substance in the third degree as  defined  in
    15  section  220.16  of  the  penal law, criminal possession of a controlled
    16  substance in the fourth degree as defined in section 220.09 of the penal
    17  law, or criminal possession of  a  controlled  substance  in  the  fifth
    18  degree  as  defined in section 220.06 of the penal law, pending trial on
    19  the principal's own recognizance or under non-monetary  conditions,  fix
    20  bail,  or order non-monetary conditions in conjunction with fixing bail,
    21  if the defense can demonstrate, through clear and  convincing  evidence,
    22  that  the principal does not pose a substantial risk to public safety or
    23  is not a flight risk.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13573-01-3
        A. 8255                             2

     1    (b) The court shall not grant pre-trial release pursuant to  paragraph
     2  (a)  of  this  subdivision  based  solely  on  the  absence  of previous
     3  convictions, familial or community ties, or any other  factors  that  do
     4  not  directly  address  the nature of the offense or potential risk that
     5  the principal poses to public safety.
     6    (c)  The  court  shall  impose strict conditions for pre-trial release
     7  granted pursuant to paragraph (a) of this subdivision, including but not
     8  limited to electronic monitoring, regular check-ins, or  restriction  of
     9  travel.
    10    3.  Any  violation  of  this section shall result in appropriate legal
    11  sanctions, including but not limited to contempt of court and  sanctions
    12  for non-compliance.
    13    § 2. This act shall take effect immediately.