Buttenschon, Colton, Fall, Jacobson, Jones, Pheffer Amato, Williams, Ra, Brown K, Brown E,
Blumencranz, DeStefano, Durso, Gandolfo, Jensen, McDonough, Slater, Gray, Chang, Kassay, Bendett
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.
STATE OF NEW YORK
________________________________________________________________________
5110
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. STERN, BUTTENSCHON, COLTON, FALL, JACOBSON,
JONES, PHEFFER AMATO, WILLIAMS, RA, K. BROWN, E. BROWN, BLUMENCRANZ,
DeSTEFANO, DURSO, GANDOLFO, JENSEN, McDONOUGH, SLATER, GRAY, CHANG --
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] their own recognizance, released under conditions, or had
16 yet to be arraigned after the issuance of a desk appearance ticket for a
17 separate felony or class A misdemeanor involving harm to an identifiable
18 person 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01216-01-5
A. 5110 2
1 of this subparagraph, any of the underlying crimes need not be a quali-
2 fying offense as defined in this subdivision. For the purposes of this
3 paragraph, "harm to an identifiable person or property" shall include
4 but not be limited to theft of or damage to property. However, based
5 upon a review of the facts alleged in the accusatory instrument, if the
6 court determines that such theft is negligible and does not appear to be
7 in furtherance of other criminal activity, the principal shall be
8 released on [his or her] their own recognizance or under appropriate
9 non-monetary conditions; [or]
10 (u) criminal possession of a weapon in the third degree as defined in
11 subdivision three of section 265.02 of the penal law or criminal sale of
12 a firearm to a minor as defined in section 265.16 of the penal law[.];
13 or
14 (v) any felony offense defined in article two hundred twenty of the
15 penal law, where such offense involves the manufacture, sale, distrib-
16 ution, or possession with intent to sell synthetic opioids, including
17 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene
18 analogues.
19 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
20 section 530.20 of the criminal procedure law, subparagraph (xx) as
21 amended and subparagraph (xxi) as added by section 4 of subpart C of
22 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
23 agraph (xxii) is added to read as follows:
24 (xx) any felony or class A misdemeanor involving harm to an identifi-
25 able person or property, or any charge of criminal possession of a
26 firearm as defined in section 265.01-b of the penal law where such
27 charge arose from conduct occurring while the defendant was released on
28 [his or her] their own recognizance, released under conditions, or had
29 yet to be arraigned after the issuance of a desk appearance ticket for a
30 separate felony or class A misdemeanor involving harm to an identifiable
31 person or property, provided, however, that the prosecutor must show
32 reasonable cause to believe that the defendant committed the instant
33 crime and any underlying crime. For the purposes of this subparagraph,
34 any of the underlying crimes need not be a qualifying offense as defined
35 in this subdivision. For the purposes of this paragraph, "harm to an
36 identifiable person or property" shall include but not be limited to
37 theft of or damage to property. However, based upon a review of the
38 facts alleged in the accusatory instrument, if the court determines that
39 such theft is negligible and does not appear to be in furtherance of
40 other criminal activity, the principal shall be released on [his or her]
41 their own recognizance or under appropriate non-monetary conditions;
42 [or]
43 (xxi) criminal possession of a weapon in the third degree as defined
44 in subdivision three of section 265.02 of the penal law or criminal sale
45 of a firearm to a minor as defined in section 265.16 of the penal
46 law[.]; or
47 (xxii) any felony offense defined in article two hundred twenty of the
48 penal law, where such offense involves the manufacture, sale, distrib-
49 ution, or possession with intent to sell synthetic opioids, including
50 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene
51 analogues.
52 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
53 criminal procedure law, paragraph (t) as amended and paragraph (u) as
54 added by section 4 of subpart B of part UU of chapter 56 of the laws of
55 2022, are amended and a new paragraph (v) is added to read as follows:
A. 5110 3
1 (t) any felony or class A misdemeanor involving harm to an identifi-
2 able person or property, or any charge of criminal possession of a
3 firearm as defined in section 265.01-b of the penal law, where such
4 charge arose from conduct occurring while the defendant was released on
5 [his or her] their own recognizance, released under conditions, or had
6 yet to be arraigned after the issuance of a desk appearance ticket for a
7 separate felony or class A misdemeanor involving harm to an identifiable
8 person or property, or any charge of criminal possession of a firearm as
9 defined in section 265.01-b of the penal law, provided, however, that
10 the prosecutor must show reasonable cause to believe that the defendant
11 committed the instant crime and any underlying crime. For the purposes
12 of this subparagraph, any of the underlying crimes need not be a quali-
13 fying offense as defined in this subdivision. For the purposes of this
14 paragraph, "harm to an identifiable person or property" shall include
15 but not be limited to theft of or damage to property. However, based
16 upon a review of the facts alleged in the accusatory instrument, if the
17 court determines that such theft is negligible and does not appear to be
18 in furtherance of other criminal activity, the principal shall be
19 released on [his or her] their own recognizance or under appropriate
20 non-monetary conditions; [or]
21 (u) criminal possession of a weapon in the third degree as defined in
22 subdivision three of section 265.02 of the penal law or criminal sale of
23 a firearm to a minor as defined in section 265.16 of the penal law[.];
24 or
25 (v) any felony offense defined in article two hundred twenty of the
26 penal law, where such offense involves the manufacture, sale, distrib-
27 ution, or possession with intent to sell synthetic opioids, including
28 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene
29 analogues.
30 § 5. This act shall take effect immediately.
