S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4140
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Codes
 
 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:
 
   Section  1.    Paragraph (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, as added by section 2 of subpart B of part UU of
 chapter 56 of the laws of 2022, is amended to read as follows:
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a  firearm  to  a minor as defined in section 265.16 of the penal law OR
 ANY OTHER CRIME IN VIOLATION OF ARTICLE TWO HUNDRED  SIXTY-FIVE  OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   §  2.  Subparagraph (xxi) of paragraph (b) of subdivision 1 of section
 530.20 of the criminal procedure law, as added by section 4 of subpart C
 of part UU of chapter 56 of the laws of 2022,  is  amended  to  read  as
 follows:
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as defined in section 265.16 of the penal law OR
 ANY OTHER CRIME IN VIOLATION OF ARTICLE TWO HUNDRED  SIXTY-FIVE  OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   §  3. Paragraph (u) of subdivision 4 of section 530.40 of the criminal
 procedure law, as added by section 4 of subpart B of part UU of  chapter
 56 of the laws of 2022, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07696-01-3
              

 A. 4140                             2
 
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law  OR
 ANY  OTHER  CRIME  IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   §  4. Paragraphs (a) and (e) of subdivision 2 of section 530.60 of the
 criminal procedure law, as amended by section 20 of part JJJ of  chapter
 59 of the laws of 2019, are amended to read as follows:
   (a)  Whenever  in  the  course  of  a  criminal action or proceeding a
 defendant charged with the commission of a felony is  at  liberty  as  a
 result  of  an  order of recognizance, release under non-monetary condi-
 tions or bail issued pursuant to this article it shall  be  grounds  for
 revoking such order that the court finds reasonable cause to believe the
 defendant  committed  one  or  more  specified class A or violent felony
 offenses, or intimidated a victim or witness  in  violation  of  section
 215.15,  215.16  or  215.17  of  the penal law OR COMMITTED ANY CRIME IN
 VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL  LAW  INVOLVING
 THE  USE  OF  A  MACHINE-GUN, FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN,
 DISGUISED GUN, GHOST GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN
 SECTION 265.00 OF THE PENAL LAW, while at liberty.
   (e) Notwithstanding the provisions of paragraph (a)  or  (b)  of  this
 subdivision  a defendant, against whom a felony complaint has been filed
 which charges the defendant with commission of  a  class  A  or  violent
 felony  offense, or violation of section 215.15, 215.16 or 215.17 of the
 penal law OR VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE  OF  THE  PENAL
 LAW  INVOLVING  THE  USE  OF  A  MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN  OR  ASSAULT  WEAPON,  AS  SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW, committed while he
 was  at liberty as specified therein, may be committed to the custody of
 the sheriff pending a revocation hearing for  a  period  not  to  exceed
 seventy-two  hours. An additional period not to exceed seventy-two hours
 may be granted by the court upon application of  the  district  attorney
 upon  a showing of good cause or where the failure to commence the hear-
 ing was due to the defendant's request or  occurred  with  his  consent.
 Such  good  cause  must  consist of some compelling fact or circumstance
 which precluded conducting the hearing  within  the  initial  prescribed
 period.
   § 5. This act shall take effect immediately.