STATE OF NEW YORK
        ________________________________________________________________________

                                         8309--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    October 20, 2021
                                       ___________

        Introduced  by  M.  of A. GALEF, ENGLEBRIGHT, THIELE, McDONALD, WOERNER,
          BUTTENSCHON, BARNWELL, STERN, SIMON, PHEFFER AMATO, GRIFFIN,  WALLACE,
          JACOBSON,  CONRAD  --  Multi-Sponsored  by  -- M. of A. BYRNE, LAWLER,
          MONTESANO, MORINELLO, SALKA -- read once and referred to the Committee
          on Codes -- recommitted to the Committee on Codes in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN  ACT  to  amend  the criminal procedure law, in relation to including
          certain violations involving  the  use  of  a  firearm  as  qualifying
          offenses for the purpose of imposing bail

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraphs (s) and (t) of subdivision 4 of section  510.10
     2  of the criminal procedure law, as added by section 2 of part UU of chap-
     3  ter 56 of the laws of 2020, are amended and a new paragraph (u) is added
     4  to read as follows:
     5    (s)  a  felony,  where  the defendant qualifies for sentencing on such
     6  charge as a persistent felony offender pursuant to section 70.10 of  the
     7  penal law; [or]
     8    (t)  any  felony or class A misdemeanor involving harm to an identifi-
     9  able person or property, where such charge arose from conduct  occurring
    10  while  the  defendant  was  released  on  his or her own recognizance or
    11  released under conditions for a separate felony or class  A  misdemeanor
    12  involving harm to an identifiable person or property, provided, however,
    13  that  the  prosecutor  must  show  reasonable  cause to believe that the
    14  defendant committed the instant crime and any underlying crime. For  the
    15  purposes  of this [subparagraph] paragraph, any of the underlying crimes
    16  need not be a qualifying offense as defined in this subdivision[.]; or
    17    (u) any crime in violation of article two hundred  sixty-five  of  the
    18  penal law involving the use of a machine-gun, firearm silencer, firearm,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11213-03-1

        A. 8309--A                          2

     1  rifle,  shotgun,  disguised  gun,  ghost  gun or assault weapon, as such
     2  terms are defined in section 265.00 of the penal law.
     3    § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
     4  section 530.20 of the criminal procedure law, as amended by section 3 of
     5  part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
     6  agraph (xxi) is added to read as follows:
     7    (xix)  a  felony, where the defendant qualifies for sentencing on such
     8  charge as a persistent felony offender pursuant to section 70.10 of  the
     9  penal law; [or]
    10    (xx)  any felony or class A misdemeanor involving harm to an identifi-
    11  able person or property, where such charge arose from conduct  occurring
    12  while  the  defendant  was  released  on  his or her own recognizance or
    13  released under conditions for a separate felony or class  A  misdemeanor
    14  involving harm to an identifiable person or property, provided, however,
    15  that  the  prosecutor  must  show  reasonable  cause to believe that the
    16  defendant committed the instant crime and any underlying crime. For  the
    17  purposes  of this subparagraph, any of the underlying crimes need not be
    18  a qualifying offense as defined in this subdivision[.]; or
    19    (xxi) any crime in violation of article two hundred sixty-five of  the
    20  penal law involving the use of a machine-gun, firearm silencer, firearm,
    21  rifle,  shotgun,  disguised  gun,  ghost  gun or assault weapon, as such
    22  terms are defined in section 265.00 of the penal law.
    23    § 3. Paragraphs (s) and (t) of subdivision 4 of section 530.40 of  the
    24  criminal  procedure  law, as added by section 4 of part UU of chapter 56
    25  of the laws of 2020, are amended and a new paragraph  (u)  is  added  to
    26  read as follows:
    27    (s)  a  felony,  where  the defendant qualifies for sentencing on such
    28  charge as a persistent felony offender pursuant to section 70.10 of  the
    29  penal law; [or]
    30    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    31  able person or property, where such charge arose from conduct  occurring
    32  while  the  defendant  was  released  on  his or her own recognizance or
    33  released under conditions for a separate felony or class  A  misdemeanor
    34  involving harm to an identifiable person or property, provided, however,
    35  that  the  prosecutor  must  show  reasonable  cause to believe that the
    36  defendant committed the instant crime and any underlying crime. For  the
    37  purposes  of this [subparagraph] paragraph, any of the underlying crimes
    38  need not be a qualifying offense as defined in this subdivision[.]; or
    39    (u) any crime in violation of article two hundred  sixty-five  of  the
    40  penal law involving the use of a machine-gun, firearm silencer, firearm,
    41  rifle,  shotgun,  disguised  gun,  ghost  gun or assault weapon, as such
    42  terms are defined in section 265.00 of the penal law.
    43    § 4. Paragraphs (a) and (e) of subdivision 2 of section 530.60 of  the
    44  criminal  procedure law, as amended by section 20 of part JJJ of chapter
    45  59 of the laws of 2019, are amended to read as follows:
    46    (a) Whenever in the course  of  a  criminal  action  or  proceeding  a
    47  defendant  charged  with  the  commission of a felony is at liberty as a
    48  result of an order of recognizance, release  under  non-monetary  condi-
    49  tions  or  bail  issued pursuant to this article it shall be grounds for
    50  revoking such order that the court finds reasonable cause to believe the
    51  defendant committed one or more specified  class  A  or  violent  felony
    52  offenses,  or  intimidated  a  victim or witness in violation of section
    53  215.15, 215.16 or 215.17 of the penal law  or  committed  any  crime  in
    54  violation  of  article two hundred sixty-five of the penal law involving
    55  the use of a machine-gun, firearm  silencer,  firearm,  rifle,  shotgun,

        A. 8309--A                          3

     1  disguised gun, ghost gun or assault weapon, as such terms are defined in
     2  section 265.00 of the penal law, while at liberty.
     3    (e)  Notwithstanding  the  provisions  of paragraph (a) or (b) of this
     4  subdivision a defendant, against whom a felony complaint has been  filed
     5  which  charges  the  defendant  with  commission of a class A or violent
     6  felony offense, or violation of section 215.15, 215.16 or 215.17 of  the
     7  penal  law  or  violation of article two hundred sixty-five of the penal
     8  law involving the use  of  a  machine-gun,  firearm  silencer,  firearm,
     9  rifle,  shotgun,  disguised  gun,  ghost  gun or assault weapon, as such
    10  terms are defined in section 265.00 of the penal law, committed while he
    11  was at liberty as specified therein, may be committed to the custody  of
    12  the  sheriff  pending  a  revocation  hearing for a period not to exceed
    13  seventy-two hours. An additional period not to exceed seventy-two  hours
    14  may  be  granted  by the court upon application of the district attorney
    15  upon a showing of good cause or where the failure to commence the  hear-
    16  ing  was  due  to  the defendant's request or occurred with his consent.
    17  Such good cause must consist of some  compelling  fact  or  circumstance
    18  which  precluded  conducting  the  hearing within the initial prescribed
    19  period.
    20    § 5. This act shall take effect immediately.