NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4729
SPONSOR: Lavine TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the authority
to remand a principal charged with certain felony offenses involving the
possession of firearms or weapons
PURPOSE OR GENERAL IDEA OF BILL:
This bill would grant the authority to remand a person charged with
certain felony offenses involving the possession of firearms or weapons.
SUMMARY OF PROVISIONS:
Section 1: 510.10 CPL, Section 2 part UU add new (U) Securing order;
when required; alternatives available; standard. Add (u) Any Felony
offense involving criminal possession of a firearm or criminal
possession of a weapon In violation of article 265 of the penal code.
Section 2: sub xx 530.20 CPL Securing order by local criminal court when
action is pending therein. Add (xxi) "Any Felony offense involving crim-
inal possession of a firearm or criminal possession of a weapon In
violation of article 265 of the penal code."
Section 3: Sub 4 section 530.40 CPL Order of Recognizance release on
non-monetary conditions or mandatory bail. Add (u) "Any Felony offense
involving criminal possession of a firearm or criminal possession of a
weapon In violation of article 265 of the penal code."
This act shall take effect immediately.
JUSTIFICATION:
The NYS Legislature passed and implemented Bail Reforms in 2019-2020.
In the original April 2019 reforms, nine categories of charges-over
whelmingly felonies-remained eligible for bail or remand. These are
still eligible under the 2020 amendments. The categories include:
"virtually all violent felony offenses; felony witness tampering; felony
witness intimidation; Class A felonies (except most Class A drug charg-
es); sex offenses; criminal contempt when involving a crime of domestic
violence; conspiracy to commit murder; most terrorism charges; and
offenses involving pornography and children.
While some misdemeanors are eligible for bail, none are subject to
direct remand to pretrial detention, whereas all qualifying felonies
can face either bail or remand. Unfortunately, while the 2020 amendments
did add criminal possession of a weapon on school grounds (PL 265.01-a)
as a nonviolent felony eligible for remand, language including any felo-
ny offenses involving the criminal possession of a firearm or weapon
were not included as qualifying offenses eligible for remand.
In 2021, there has been a total of 9,413-gun deaths. This total breaks
down to 4,067 people lost by homicide or murder, 101 mass shootings and
995 children aged 0-17 who were injured or killed due to incidents
involving a gun(Gun Violence Archive.)The data presents a situation that
requires legislative initiative while emboldening the need to include
any felony offenses, that involve criminal possession of a firearm or
weapon, to be deemed a qualifying felony eligible for remand.
PRIOR LEGISLATIVE HISTORY:
2021-2022
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4729
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to the authority
to remand a principal charged with certain felony offenses involving
the possession of firearms or weapons
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) any felony offense involving criminal possession of a firearm or
5 criminal possession of a weapon in [the third degree as defined in
6 subdivision three of section 265.02] violation of article two hundred
7 sixty-five of the penal law [or criminal sale of a firearm to a minor as
8 defined in section 265.16 of the penal law].
9 § 2. Subparagraph (xxi) of paragraph (b) of subdivision 1 of section
10 530.20 of the criminal procedure law, as added by section 4 of subpart C
11 of part UU of chapter 56 of the laws of 2022, is amended to read as
12 follows:
13 (xxi) any felony offense involving criminal possession of a firearm or
14 criminal possession of a weapon in [the third degree as defined in
15 subdivision three of section 265.02] violation of article two hundred
16 sixty-five of the penal law [or criminal sale of a firearm to a minor as
17 defined in section 265.16 of the penal law].
18 § 3. Paragraph (u) of subdivision 4 of section 530.40 of the criminal
19 procedure law, as added by section 4 of subpart B of part UU of chapter
20 56 of the laws of 2022, is amended to read as follows:
21 (u) any felony offense involving criminal possession of a firearm or
22 criminal possession of a weapon [in the third degree as defined in
23 subdivision three of section 265.02] in violation of article two hundred
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03253-01-3
A. 4729 2
1 sixty-five of the penal law [or criminal sale of a firearm to a minor as
2 defined in section 265.16 of the penal law].
3 § 4. This act shall take effect immediately.
