A08383 Summary:
| BILL NO | A08383 |
| SAME AS | SAME AS S07816 |
| SPONSOR | Stern (MS) |
| COSPNSR | Thiele, Lavine, Brown K, Brown E, DeStefano, Gandolfo, Blumencranz, Chang, Durso, Flood, McDonough, Gray, Slater, Bendett, Jensen, McDonald, Colton, Jacobson, Gunther, Buttenschon, Pheffer Amato, Jones, Fall, Wallace, Williams, Ra |
| MLTSPNSR | Shimsky |
| Amd §§510.10, 530.20 & 530.40, CP L | |
| Authorizes the imposition of bail for certain felony offenses involving the manufacture, sale, distribution, or possession with intent to sell synthetic opioids. | |
A08383 Actions:
| BILL NO | A08383 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 12/13/2023 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/03/2024 | referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
A08383 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: This bill amends the criminal procedure law to allow prosecutors to seek bail on Criminal Sale of a Controlled Substance 2nd Degree, and Criminal Possession of a Controlled Substance 2nd Degree, A-II felonies. SUMMARY OF PROVISIONS: Section 1: amends paragraph (d) of subdivision 4 of section 510.10 of the criminal procedure law, as amended by section 2 of part UU of chap- ter 56 of the laws of 2020. Section 2: amends paragraphs (t) and (u) of subdivision 4 of section 510.10 of the criminal procedure law and adds a new paragraph (v). Section 3: amends subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of section 530.20 of the criminal procedure law and adds a new subparagraph (xxii). Section 4: amends paragraphs (t) and (u) of subdivision 4 of section 530.40 of the criminal procedure law and adds a new paragraph (v). Section 5: sets the effective date. JUSTIFICATION: Synthetic opioids like fentanyl, a highly addictive drug that is 50 to 100 times more powerful than morphine, have helped drive opioid deaths in New York State to nearly triple between 2010 and 2020. In 2021 there were more than 5,800 such deaths statewide according to a report from the New York State Comptroller's office. Nationwide, the CDC reported that fentanyl has caused more than 100,000 deaths over the 12-month span ending in July 2022. Under existing New York State law, only class A felony drug offenses are eligible for bail. Local prosecutors statewide have raised concerns that this loophole permits some dealers of fentanyl and other synthetic opioids to be released back on the street following their arrests, allowing them to sell more of these highly addictive and dangerous drugs. This bill amends the criminal procedure law to allow prosecutors to seek bail on Criminal Sale of a Controlled Substance 2nd Degree, and Criminal Possession of a Controlled Substance 2nd Degree, A-II felonies. These changes would give local district attorneys the ability to ask for bail for sale and possession of large amounts of methamphetamine, LSD and other dangerous narcotics. In addition, prosecutors would also be allowed to ask for bail for any fentanyl or nitazine cases, which would have the largest immediate effect on the current overdose crisis. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
A08383 Text:
Go to topSTATE 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 for5class A felonies under article two hundred twenty of the penal law, only6class 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. LBD13271-01-3A. 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 suchA. 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