Thiele, Lavine, Brown K, Brown E, DeStefano, Gandolfo, Blumencranz, Chang, Durso, Flood, McDonough,
Gray, Slater, Bendett, Jensen, McDonald, Colton, Jacobson, Gunther, Buttenschon, Pheffer Amato,
Jones, Fall, Wallace, Williams, Ra
 
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8383
SPONSOR: Stern (MS)
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the criminal procedure law to allow prosecutors to seek
bail on Criminal Sale of a Controlled Substance 2nd Degree, and Criminal
Possession of a Controlled Substance 2nd Degree, A-II felonies.
 
SUMMARY OF PROVISIONS:
Section 1: amends paragraph (d) of subdivision 4 of section 510.10 of
the criminal procedure law, as amended by section 2 of part UU of chap-
ter 56 of the laws of 2020.
Section 2: amends paragraphs (t) and (u) of subdivision 4 of section
510.10 of the criminal procedure law and adds a new paragraph (v).
Section 3: amends subparagraphs (xx) and (xxi) of paragraph (b) of
subdivision 1 of section 530.20 of the criminal procedure law and adds a
new subparagraph (xxii).
Section 4: amends paragraphs (t) and (u) of subdivision 4 of section
530.40 of the criminal procedure law and adds a new paragraph (v).
Section 5: sets the effective date.
 
JUSTIFICATION:
Synthetic opioids like fentanyl, a highly addictive drug that is 50 to
100 times more powerful than morphine, have helped drive opioid deaths
in New York State to nearly triple between 2010 and 2020. In 2021 there
were more than 5,800 such deaths statewide according to a report from
the New York State Comptroller's office. Nationwide, the CDC reported
that fentanyl has caused more than 100,000 deaths over the 12-month span
ending in July 2022.
Under existing New York State law, only class A felony drug offenses are
eligible for bail. Local prosecutors statewide have raised concerns that
this loophole permits some dealers of fentanyl and other synthetic
opioids to be released back on the street following their arrests,
allowing them to sell more of these highly addictive and dangerous
drugs.
This bill amends the criminal procedure law to allow prosecutors to seek
bail on Criminal Sale of a Controlled Substance 2nd Degree, and Criminal
Possession of a Controlled Substance 2nd Degree, A-II felonies. These
changes would give local district attorneys the ability to ask for bail
for sale and possession of large amounts of methamphetamine, LSD and
other dangerous narcotics. In addition, prosecutors would also be
allowed to ask for bail for any fentanyl or nitazine cases, which would
have the largest immediate effect on the current overdose crisis.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8383
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. STERN, THIELE, LAVINE, K. BROWN, E. BROWN, DeSTE-
FANO, GANDOLFO, BLUMENCRANZ, CHANG, DURSO, FLOOD, McDONOUGH, GRAY,
SLATER, BENDETT, JENSEN -- 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 own recognizance, released under conditions, or had yet to be
16 arraigned after the issuance of a desk appearance ticket for a separate
17 felony or class A misdemeanor involving harm to an identifiable person
18 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
22 of this subparagraph, any of the underlying crimes need not be a quali-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13271-01-3
A. 8383 2
1 fying offense as defined in this subdivision. For the purposes of this
2 paragraph, "harm to an identifiable person or property" shall include
3 but not be limited to theft of or damage to property. However, based
4 upon a review of the facts alleged in the accusatory instrument, if the
5 court determines that such theft is negligible and does not appear to be
6 in furtherance of other criminal activity, the principal shall be
7 released on his or her own recognizance or under appropriate non-mone-
8 tary conditions; [or]
9 (u) criminal possession of a weapon in the third degree as defined in
10 subdivision three of section 265.02 of the penal law or criminal sale of
11 a firearm to a minor as defined in section 265.16 of the penal law[.];
12 or
13 (v) any felony offense defined in article two hundred twenty of the
14 penal law, where such offense involves the manufacture, sale, distrib-
15 ution, or possession with intent to sell synthetic opioids, including
16 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene
17 analogues.
18 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
19 section 530.20 of the criminal procedure law, subparagraph (xx) as
20 amended and subparagraph (xxi) as added by section 4 of subpart C of
21 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
22 agraph (xxii) is added to read as follows:
23 (xx) any felony or class A misdemeanor involving harm to an identifi-
24 able person or property, or any charge of criminal possession of a
25 firearm as defined in section 265.01-b of the penal law where such
26 charge arose from conduct occurring while the defendant was released on
27 his or her own recognizance, released under conditions, or had yet to be
28 arraigned after the issuance of a desk appearance ticket for a separate
29 felony or class A misdemeanor involving harm to an identifiable person
30 or property, provided, however, that the prosecutor must show reasonable
31 cause to believe that the defendant committed the instant crime and any
32 underlying crime. For the purposes of this subparagraph, any of the
33 underlying crimes need not be a qualifying offense as defined in this
34 subdivision. For the purposes of this paragraph, "harm to an identifi-
35 able person or property" shall include but not be limited to theft of or
36 damage to property. However, based upon a review of the facts alleged in
37 the accusatory instrument, if the court determines that such theft is
38 negligible and does not appear to be in furtherance of other criminal
39 activity, the principal shall be released on his or her own recognizance
40 or under appropriate non-monetary conditions; [or]
41 (xxi) criminal possession of a weapon in the third degree as defined
42 in subdivision three of section 265.02 of the penal law or criminal sale
43 of a firearm to a minor as defined in section 265.16 of the penal
44 law[.]; or
45 (xxii) any felony offense defined in article two hundred twenty of the
46 penal law, where such offense involves the manufacture, sale, distrib-
47 ution, or possession with intent to sell synthetic opioids, including
48 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene
49 analogues.
50 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
51 criminal procedure law, paragraph (t) as amended and paragraph (u) as
52 added by section 4 of subpart B of part UU of chapter 56 of the laws of
53 2022, are amended and a new paragraph (v) is added to read as follows:
54 (t) any felony or class A misdemeanor involving harm to an identifi-
55 able person or property, or any charge of criminal possession of a
56 firearm as defined in section 265.01-b of the penal law, where such
A. 8383 3
1 charge arose from conduct occurring while the defendant was released on
2 his or her own recognizance, released under conditions, or had yet to be
3 arraigned after the issuance of a desk appearance ticket for a separate
4 felony or class A misdemeanor involving harm to an identifiable person
5 or property, or any charge of criminal possession of a firearm as
6 defined in section 265.01-b of the penal law, provided, however, that
7 the prosecutor must show reasonable cause to believe that the defendant
8 committed the instant crime and any underlying crime. For the purposes
9 of this subparagraph, any of the underlying crimes need not be a quali-
10 fying offense as defined in this subdivision. For the purposes of this
11 paragraph, "harm to an identifiable person or property" shall include
12 but not be limited to theft of or damage to property. However, based
13 upon a review of the facts alleged in the accusatory instrument, if the
14 court determines that such theft is negligible and does not appear to be
15 in furtherance of other criminal activity, the principal shall be
16 released on his or her own recognizance or under appropriate non-mone-
17 tary conditions; [or]
18 (u) criminal possession of a weapon in the third degree as defined in
19 subdivision three of section 265.02 of the penal law or criminal sale of
20 a firearm to a minor as defined in section 265.16 of the penal law[.];
21 or
22 (v) any felony offense defined in article two hundred twenty of the
23 penal law, where such offense involves the manufacture, sale, distrib-
24 ution, or possession with intent to sell synthetic opioids, including
25 but not limited to fentanyl, fentanyl analogues, nitazene, and nitazene
26 analogues.
27 § 5. This act shall take effect immediately