BILL NUMBER: S5454

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to qualifying offenses for pre-trial detention

 
PURPOSE OR GENERAL IDEA OF BILL:

This act would add A level drug offenses under article two hundred twen-
ty of the penal law to the definition of "qualifying offense" which were
exempted under the bail reform sections of part JJJ of chapter 59 of the
laws of 2019 also known as the Revenue bill of the Financial Year 2020
Enacted Budget.

 
SUMMARY OF PROVISIONS:

Section 1 amends Paragraph D of section 510.10 of the criminal procedure
law, as added by section 2 of part JJJ of chapter 59 of the laws of
2019. Section 2 provides that this act shall take effect on the same
date and in the same manner as section 2 of part JJJ of chapter 59 of
the laws of 2019, take effect.
              

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Bail reform provisions were inserted into the recently enacted state
budget. Now that the public has had the opportunity to review these
provisions there have been concerns raised that the mandatory pretrial
release of those charged with most A level felony drug offenses will
hamper a prosecutor's ability to build narcotics cases against major
drug kingpins. In particular, the following offenses require mandatory
pretrial release under the enacted law: Criminal possession of a
controlled substance in the second degree (A-II felony), Criminal
possession of a controlled substance in the first degree (A-I felony),
Criminal sale of a controlled substance in the second degree (A-II felo-
ny) and Criminal sale of a controlled substance in the first degree (A-I
felony). Recently, New York City's Special Narcotics Prosecutor stated
that the only crime for which bail will remain available, "Operating as
a Major Trafficker" is rarely charged. During the past five years her
office has been involved in prosecutions netting nearly four tons of
narcotics (heroin fentanyl and cocaine). The Special Narcotics Prosecu-
tor has charged fewer than two dozen defendants in connection with those
prosecutions, but instead filed other A felony charges. Publicly avail-
able reports from the Division of Criminal Justice Services (2011-2016)
indicate that "Operating as a Major Drug Trafficker" is charged in an
average of 35 cases annually statewide. In contrast, more than 1,000
defendants in New York City alone have been charged with other A-1 level
felony charges which were specifically excluded from this new statute.
With New York State continuing to deal with an opioid epidemic which has
killed thousands of New Yorkers per year this change further jeopardizes
public safety by making it harder to go after those bringing large
amounts of deadly drugs into our state and distributing them onto our
streets.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There are no direct costs to the state or local governments. This act
would result in these cases being treated as they were prior to the
enactment of the bail reform statute which will not be effective until
January 1, 2020.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
section 2 of part JJJ of chapter 59 of the laws of 2019, take effect.