Includes certain violations involving the use of a machine-gun, firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon as qualifying offenses for the purpose of imposing bail.
STATE OF NEW YORK
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4140
2023-2024 Regular Sessions
IN ASSEMBLY
February 10, 2023
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to including
certain violations involving the use of a firearm as qualifying
offenses for the purpose of imposing bail
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (u) of subdivision 4 of section 510.10 of the
2 criminal procedure law, as added by section 2 of subpart B of part UU of
3 chapter 56 of the laws of 2022, is amended to read as follows:
4 (u) criminal possession of a weapon in the third degree as defined in
5 subdivision three of section 265.02 of the penal law or criminal sale of
6 a firearm to a minor as defined in section 265.16 of the penal law or
7 any other crime in violation of article two hundred sixty-five of the
8 penal law involving the use of a machine-gun, firearm silencer, firearm,
9 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such
10 terms are defined in section 265.00 of the penal law.
11 § 2. Subparagraph (xxi) of paragraph (b) of subdivision 1 of section
12 530.20 of the criminal procedure law, as added by section 4 of subpart C
13 of part UU of chapter 56 of the laws of 2022, is amended to read as
14 follows:
15 (xxi) criminal possession of a weapon in the third degree as defined
16 in subdivision three of section 265.02 of the penal law or criminal sale
17 of a firearm to a minor as defined in section 265.16 of the penal law or
18 any other crime in violation of article two hundred sixty-five of the
19 penal law involving the use of a machine-gun, firearm silencer, firearm,
20 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such
21 terms are defined in section 265.00 of the penal law.
22 § 3. Paragraph (u) of subdivision 4 of section 530.40 of the criminal
23 procedure law, as added by section 4 of subpart B of part UU of chapter
24 56 of the laws of 2022, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07696-01-3
A. 4140 2
1 (u) criminal possession of a weapon in the third degree as defined in
2 subdivision three of section 265.02 of the penal law or criminal sale of
3 a firearm to a minor as defined in section 265.16 of the penal law or
4 any other crime in violation of article two hundred sixty-five of the
5 penal law involving the use of a machine-gun, firearm silencer, firearm,
6 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such
7 terms are defined in section 265.00 of the penal law.
8 § 4. Paragraphs (a) and (e) of subdivision 2 of section 530.60 of the
9 criminal procedure law, as amended by section 20 of part JJJ of chapter
10 59 of the laws of 2019, are amended to read as follows:
11 (a) Whenever in the course of a criminal action or proceeding a
12 defendant charged with the commission of a felony is at liberty as a
13 result of an order of recognizance, release under non-monetary condi-
14 tions or bail issued pursuant to this article it shall be grounds for
15 revoking such order that the court finds reasonable cause to believe the
16 defendant committed one or more specified class A or violent felony
17 offenses, or intimidated a victim or witness in violation of section
18 215.15, 215.16 or 215.17 of the penal law or committed any crime in
19 violation of article two hundred sixty-five of the penal law involving
20 the use of a machine-gun, firearm silencer, firearm, rifle, shotgun,
21 disguised gun, ghost gun or assault weapon, as such terms are defined in
22 section 265.00 of the penal law, while at liberty.
23 (e) Notwithstanding the provisions of paragraph (a) or (b) of this
24 subdivision a defendant, against whom a felony complaint has been filed
25 which charges the defendant with commission of a class A or violent
26 felony offense, or violation of section 215.15, 215.16 or 215.17 of the
27 penal law or violation of article two hundred sixty-five of the penal
28 law involving the use of a machine-gun, firearm silencer, firearm,
29 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such
30 terms are defined in section 265.00 of the penal law, committed while he
31 was at liberty as specified therein, may be committed to the custody of
32 the sheriff pending a revocation hearing for a period not to exceed
33 seventy-two hours. An additional period not to exceed seventy-two hours
34 may be granted by the court upon application of the district attorney
35 upon a showing of good cause or where the failure to commence the hear-
36 ing was due to the defendant's request or occurred with his consent.
37 Such good cause must consist of some compelling fact or circumstance
38 which precluded conducting the hearing within the initial prescribed
39 period.
40 § 5. This act shall take effect immediately.
