S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9794
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   bail  for  principals  charged  with certain driving while intoxicated
   offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraphs (t) and (u) of subdivision 4 of section 510.10
 of the criminal procedure law, paragraph (t) as  amended  and  paragraph
 (u)  as  added by section 2 of subpart B of part UU of chapter 56 of the
 laws of 2022, are amended and a new paragraph (v) is added  to  read  as
 follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 to an identifiable  person  or  property,  or  any  charge  of  criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided,  however,  that  the  prosecutor must show reasonable cause to
 believe that the defendant committed the instant crime and any  underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 crimes need not be a qualifying offense as defined in this  subdivision.
 For  the  purposes of this paragraph, "harm to an identifiable person or
 property" shall include but not be limited to  theft  of  or  damage  to
 property. However, based upon a review of the facts alleged in the accu-
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal  shall be released on [his or her] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary conditions; [or]
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15042-01-4
 A. 9794                             2
 
 a  firearm  to a minor as defined in section 265.16 of the penal law[.];
 OR
   (V)  FELONY  DRIVING  WHILE  UNDER  THE  INFLUENCE OF ALCOHOL OR DRUGS
 OFFENSES PURSUANT TO  SECTIONS  ELEVEN  HUNDRED  NINETY-TWO  AND  ELEVEN
 HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW.
   § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 to an identifiable person  or  property,  provided,  however,  that  the
 prosecutor  must  show  reasonable  cause  to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  [his  or  her]  SUCH PRINCIPAL'S own recognizance or under
 appropriate non-monetary conditions; [or]
   (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
   (XXII) FELONY DRIVING WHILE UNDER THE INFLUENCE OF  ALCOHOL  OR  DRUGS
 OFFENSES  PURSUANT  TO  SECTIONS  ELEVEN  HUNDRED  NINETY-TWO AND ELEVEN
 HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW.
   § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 4 of subpart B of part UU of chapter 56 of the laws  of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 [his  or  her]  SUCH DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 to an identifiable  person  or  property,  or  any  charge  of  criminal
 possession of a firearm as defined in section 265.01-b of the penal law,
 provided,  however,  that  the  prosecutor must show reasonable cause to
 believe that the defendant committed the instant crime and any  underly-
 ing  crime. For the purposes of this subparagraph, any of the underlying
 crimes need not be a qualifying offense as defined in this  subdivision.
 For  the  purposes of this paragraph, "harm to an identifiable person or
 property" shall include but not be limited to  theft  of  or  damage  to
 property. However, based upon a review of the facts alleged in the accu-
 A. 9794                             3
 
 satory instrument, if the court determines that such theft is negligible
 and does not appear to be in furtherance of other criminal activity, the
 principal  shall be released on [his or her] SUCH PRINCIPAL'S own recog-
 nizance or under appropriate non-monetary conditions; [or]
   (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
   (V)  FELONY  DRIVING  WHILE  UNDER  THE  INFLUENCE OF ALCOHOL OR DRUGS
 OFFENSES PURSUANT TO  SECTIONS  ELEVEN  HUNDRED  NINETY-TWO  AND  ELEVEN
 HUNDRED NINETY-THREE OF THE VEHICLE AND TRAFFIC LAW.
   § 4. This act shall take effect immediately.