Assembly Bill A8255

2023-2024 Legislative Session

Mandates pre-trial detention of a principal who stands charged with criminal possession of a controlled substance with intent to sell

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A8255 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Add §510.25, CP L

2023-A8255 (ACTIVE) - Summary

Mandates pre-trial detention of a principal who stands charged with criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, or criminal possession of a controlled substance in the fifth degree.

2023-A8255 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8255
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 15, 2023
                                ___________
 
 Introduced  by  M. of A. GRAY -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law,  in  relation  to  mandatory
   pre-trial detention of a principal charged with criminal possession of
   a controlled substance with intent to sell

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The criminal procedure law  is  amended  by  adding  a  new
 section 510.25 to read as follows:
 § 510.25 MANDATORY PRE-TRIAL DETENTION.
   1.  EXCEPT  AS  OTHERWISE PROVIDED BY SUBDIVISION TWO OF THIS SECTION,
 PRE-TRIAL DETENTION OF A PRINCIPAL SHALL BE MANDATORY WHEN THE PRINCIPAL
 STANDS CHARGED WITH CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE
 THIRD DEGREE AS DEFINED IN SECTION 220.16 OF  THE  PENAL  LAW,  CRIMINAL
 POSSESSION  OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE AS DEFINED IN
 SECTION 220.09 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF A  CONTROLLED
 SUBSTANCE  IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.06 OF THE PENAL
 LAW.
   2. (A) THE COURT, UNLESS OTHERWISE  PROHIBITED  BY  LAW,  MAY  IN  ITS
 DISCRETION   RELEASE  A  PRINCIPAL  WHO  STANDS  CHARGED  WITH  CRIMINAL
 POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS  DEFINED  IN
 SECTION  220.16  OF  THE  PENAL LAW, CRIMINAL POSSESSION OF A CONTROLLED
 SUBSTANCE IN THE FOURTH DEGREE AS DEFINED IN SECTION 220.09 OF THE PENAL
 LAW, OR CRIMINAL POSSESSION OF  A  CONTROLLED  SUBSTANCE  IN  THE  FIFTH
 DEGREE  AS  DEFINED IN SECTION 220.06 OF THE PENAL LAW, PENDING TRIAL ON
 THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER NON-MONETARY  CONDITIONS,  FIX
 BAIL,  OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING BAIL,
 IF THE DEFENSE CAN DEMONSTRATE, THROUGH CLEAR AND  CONVINCING  EVIDENCE,
 THAT  THE PRINCIPAL DOES NOT POSE A SUBSTANTIAL RISK TO PUBLIC SAFETY OR
 IS NOT A FLIGHT RISK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13573-01-3
 A. 8255                             2

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