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.
STATE OF NEW YORK
________________________________________________________________________
9719
IN ASSEMBLY
April 3, 2024
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Codes
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Diller's law".
2 § 2. Section 530.20 of the criminal procedure law is amended by adding
3 a new subdivision 3 to read as follows:
4 3. The court shall commit the defendant to the custody of the sheriff
5 when:
6 (a) the defendant is charged, by felony complaint, with an offense
7 under article two hundred sixty-five of the penal law or any other
8 offense under the penal law involving the use or possession of a
9 firearm; and
10 (b) the firearm used or possessed during the commission of the
11 offense is not legally registered, licensed or possessed in accordance
12 with section 400.00 of the penal law.
13 § 3. This act shall take effect on the first of November next succeed-
14 ing the date on which it shall have become a law and shall apply to
15 offenses charged on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15048-02-4
