Bill Text: NY A08383 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes the imposition of bail for certain felony offenses involving the manufacture, sale, distribution, or possession with intent to sell synthetic opioids.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - referred to codes [A08383 Detail]

Download: New_York-2023-A08383-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8383

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced by M. of A. STERN, THIELE, LAVINE, K. BROWN, E. BROWN, DeSTE-
          FANO,  GANDOLFO,  BLUMENCRANZ,  CHANG,  DURSO, FLOOD, McDONOUGH, GRAY,
          SLATER, BENDETT, JENSEN -- 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 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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13271-01-3
        A. 8383                             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 own recognizance or under appropriate non-mone-
     8  tary 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 own recognizance, released under conditions, or had yet to be
    28  arraigned after the issuance of a desk appearance ticket for a  separate
    29  felony  or  class A misdemeanor involving harm to an identifiable person
    30  or property, provided, however, that the prosecutor must show reasonable
    31  cause to believe that the defendant committed the instant crime and  any
    32  underlying  crime.  For  the  purposes  of this subparagraph, any of the
    33  underlying crimes need not be a qualifying offense as  defined  in  this
    34  subdivision.  For  the purposes of this paragraph, "harm to an identifi-
    35  able person or property" shall include but not be limited to theft of or
    36  damage to property. However, based upon a review of the facts alleged in
    37  the accusatory instrument, if the court determines that  such  theft  is
    38  negligible  and  does  not appear to be in furtherance of other criminal
    39  activity, the principal shall be released on his or her own recognizance
    40  or under appropriate non-monetary conditions; [or]
    41    (xxi) criminal possession of a weapon in the third degree  as  defined
    42  in subdivision three of section 265.02 of the penal law or criminal sale
    43  of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
    44  law[.]; or
    45    (xxii) any felony offense defined in article two hundred twenty of the
    46  penal law, where such offense involves the manufacture,  sale,  distrib-
    47  ution,  or  possession  with intent to sell synthetic opioids, including
    48  but not limited to fentanyl, fentanyl analogues, nitazene, and  nitazene
    49  analogues.
    50    §  4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
    51  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
    52  added  by section 4 of subpart B of part UU of chapter 56 of the laws of
    53  2022, are amended and a new paragraph (v) is added to read as follows:
    54    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    55  able  person  or  property,  or  any  charge of criminal possession of a
    56  firearm as defined in section 265.01-b of  the  penal  law,  where  such
        A. 8383                             3

     1  charge  arose from conduct occurring while the defendant was released on
     2  his or her own recognizance, released under conditions, or had yet to be
     3  arraigned after the issuance of a desk appearance ticket for a  separate
     4  felony  or  class A misdemeanor involving harm to an identifiable person
     5  or property, or any charge  of  criminal  possession  of  a  firearm  as
     6  defined  in  section  265.01-b of the penal law, provided, however, that
     7  the prosecutor must show reasonable cause to believe that the  defendant
     8  committed  the  instant crime and any underlying crime. For the purposes
     9  of this subparagraph, any of the underlying crimes need not be a  quali-
    10  fying  offense  as defined in this subdivision. For the purposes of this
    11  paragraph, "harm to an identifiable person or  property"  shall  include
    12  but  not  be  limited  to theft of or damage to property. However, based
    13  upon a review of the facts alleged in the accusatory instrument, if  the
    14  court determines that such theft is negligible and does not appear to be
    15  in  furtherance  of  other  criminal  activity,  the  principal shall be
    16  released on his or her own recognizance or under  appropriate  non-mone-
    17  tary conditions; [or]
    18    (u)  criminal possession of a weapon in the third degree as defined in
    19  subdivision three of section 265.02 of the penal law or criminal sale of
    20  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
    21  or
    22    (v)  any  felony  offense defined in article two hundred twenty of the
    23  penal law, where such offense involves the manufacture,  sale,  distrib-
    24  ution,  or  possession  with intent to sell synthetic opioids, including
    25  but not limited to fentanyl, fentanyl analogues, nitazene, and  nitazene
    26  analogues.
    27    § 5. This act shall take effect immediately