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.
STATE OF NEW YORK
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4151
2025-2026 Regular Sessions
IN ASSEMBLY
January 31, 2025
___________
Introduced by M. of A. GRAY -- Multi-Sponsored by -- M. of A. K. BROWN,
LEMONDES, McDONOUGH, PALMESANO -- 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.
LBD08233-01-5
A. 4151 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.
