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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8255
SPONSOR: Gray TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
To amend the criminal procedure law, by requiring pre-trial detention of
a principal charged with criminal possession of a controlled substance
with intent to sell
SUMMARY OF PROVISIONS:
Section 1 describes the conditions in which pre-trial detention shall be
mandatory
Section 1-a describes conditions for release if the defense can demon-
strate there was not an intent to sell
Section 2 establishes the effective date, which is immediately
JUSTIFICATION:
The purpose of this bill is to protect public safety by prohibiting the
release of individuals charged with possession of a controlled substance
with the intent to sell in the state of New York. By preventing their
release, we aim to minimize the risk of drug-related crimes and ensure a
safer community.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately upon becoming law
STATE OF NEW YORK
________________________________________________________________________
8255
2023-2024 Regular Sessions
IN ASSEMBLY
November 15, 2023
___________
Introduced by M. of A. GRAY -- 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.
LBD13573-01-3
A. 8255 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.
