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.
