A09719 Summary:
BILL NO | A09719 |
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SAME AS | No Same As |
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SPONSOR | McGowan |
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COSPNSR | Tague |
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MLTSPNSR | |
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Amd 530.20, CP L | |
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Requires the court to commit a defendant to the custody of the sheriff when such defendant is charged with an offense under the penal law involving the use or possession of a firearm, and such firearm is not legally registered, licensed or possessed in accordance with section 400.00 of the penal law. |
A09719 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A9719 SPONSOR: McGowan
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to providing for automatic remand of persons charged with an offense involving the use or possession of an illegal firearm   PURPOSE OR GENERAL IDEA OF BILL:: The intent of this legislation is to ensure that any defendant charged with a crime involving the use or possession of an illegal firearm shall be remanded pending grand jury action or preliminary hearing.   SUMMARY OF PROVISIONS:: Section 1: This act shall be known as "Diller's Law" Section 2: Amends section 530.20 of the criminal procedure to state that the court shall commit the defendant to the custody of the sheriff when the defendant is charged with any offense involving the use or possession of a firearm and the firearm used or possessed during the commission of the offense is illegal. Section 3: Sets effective date   JUSTIFICATION:: NYPD Officer Jonathan Diller was conducting a routine traffic stop in Queens on March 25, 2024. When asked to step out the car, of the two men refused to get out and killed him. These criminals both had extensive criminal records. One man having been arrested 21 times, 9 or which were felonies and had previously spent three years in state prison for a 2011 assault and was released in October 2014. The other man had been arrested 14 times, one of which was for second-degree criminal possession of a weapon for having a loaded firearm in Far Rockaway on April 17, 2023. He was out on $75,000 bail. He also previously served 10 years in prison on 2003 attempted murder and robbery charges and was released in November 2013. This is unfortunately one of several cases in recent memory where our bail laws have failed us. In New York State, we continue to see police officers and innocent civilians becoming the victims of gun crimes perpetrated by criminals who have been arrested and caught with illegal firearms, then promptly released back into the community on bail. Those using a firearm in the commission of a crime show a complete and utter disregard for the rule of law and society itself. Hopefully, this case can finally open the eyes of lawmakers to the fact that we need to fix the problem of recidivism and illegal gun crime. This bill is a necessary reform and step towards fixing these issues.   PRIOR LEGISLATIVE HISTORY:: New Bill   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:: N/A   EFFECTIVE DATE:: This act shall take effect on the first of November next succeeding the date on which it shall have become a law and shall apply to offenses charged on or after such date