Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9609
SPONSOR: Eachus TITLE OF BILL:
An act to amend the criminal procedure law, in relation to including
certain charges of criminal possession of a weapon in the third degree
as a qualifying offense for consideration of an order of recognizance,
release under non-monetary conditions or bail
PURPOSE OR GENERAL IDEA OF BILL:
Includes certain charges of criminal possession of a weapon in the third
degree as a qualifying offense for consideration of an order of recogni-
zance, release under non-monetary conditions or bail.
SUMMARY OF PROVISIONS:
Section 1: Amends the criminal procedure law to add criminal possession
of an "explosive or incendiary bomb, bombshell, firearm silencer,
machine-gun or any other firearm or weapon simulating a machine-gun and
which is adaptable for such use" as a bail-eligible offense.
Section 2: Sets the effective date.
JUSTIFICATION:
A case in Orange County, New York recently made headlines after three
incendiary devices were recovered by a local Bomb Disposal Unit inside a
residence during a police search while serving a temporary order of
protection. The individual was not cooperative and was taken into custo-
dy, and a loaded firearm, four loaded magazines, and a ballistic vest
were also recovered. The individual was charged with three counts of
criminal possession of a weapon in the third degree (Penal Law 265.02,
Subdivision 2), and one count of criminal possession of a firearm (Penal
Law 265.01-b, Subdivision 1).
Despite the clear danger presented by this situation, the individual was
released on their own recognizance because these offenses are not bail-
eligible.
This bill would make criminal possession of an explosive or incendiary
bomb a bail-eligible offense.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9609
IN ASSEMBLY
March 26, 2024
___________
Introduced by M. of A. EACHUS -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to including
certain charges of criminal possession of a weapon in the third degree
as a qualifying offense for consideration of an order of recognizance,
release under non-monetary conditions or 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 530.40 of the
2 criminal procedure law, as added by section 4 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 two or three of section 265.02 of the penal law or criminal
6 sale of a firearm to a minor as defined in section 265.16 of the penal
7 law.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14917-01-4
