Authorizes the imposition of bail for certain offenses involving the sale or possession with intent to sell of a controlled substance or a synthetic opioid.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7006
SPONSOR: Kay TITLE OF BILL:
An act to amend the criminal procedure law, in relation to authorizing
bail for certain offenses involving the sale or possession with intent
to sell of a controlled substance or a synthetic opioid
PURPOSE:
to modify criminal procedure law to include selling controlled substance
offenses as bail eligible offenses.
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 Chapter 56
of laws of 2020.
Section 2 amends subparagraph (t) and (u) subdivision 4 of section
510.10 of the criminal procedure law, paragraph (t) as amended and para-
graph (u) as added by section 2 of subpart B of part UU of Chapter 56 of
the laws of 2022 are amended and a new paragraph (v) is added.
Section 3 amends subparagraph (iv) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, as amended by section 3 of
part UU of chapter 56 of the laws of 2020.
Section 4 amends subparagraphs (xx) and (xxi) of paragraph (b) of subdi-
vision 1 of section 530.20 of the criminal procedure law, subparagraph
(xx) as amended and subparagraph (xxi) as added by section 4 of subpart
C of part UU of chapter 56 of the laws of 2022 and adds a new subpara-
graph (xxii).
Section 5 amends paragraph (d) of subdivision 4 of section 530.40 of the
criminal procedure law, as amended by section 4 of part UU of chapter 56
of the laws of 2020.
Section 6 amends paragraphs (t) and (u) of subdivision 4 of section
530.40 of the criminal procedure law, paragraph (t) as amended and para-
graph u) as added by section 4 of subpart B of part UU of chapter 56 of
the laws of 2022 and adds a new paragraph (v).
Section 7 establishes the effective date.
JUSTIFICATION:
The State of New York is in the midst of an overdose crisis that is
devastating families and decimating our communities. Substance use
disorders are illnesses, and we need to protect our most vulnerable New
Yorkers from the dangers of illicit drugs in our state. Every day, more
and more street drugs are found to be laced with lethal doses of fenta-
nyl and other deadly substances. My district, among others, suffers at
the hands of repeat offenders who take lives before the state even has a
chance to prosecute them. We need to control the sale of these
substances.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:
None.
EFFECTIVE DATE:
Immediately.
