BILL NUMBER: S3153

SPONSOR: PALUMBO
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to qualifying
offenses for pre-trial detention

 
PURPOSE:

This act would add all A and B level drug offenses under article two
hundred twenty 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  I amends paragraph d of section 510.10 of the criminal proce-
dure law, as added by section2 of part JJJ of chapter 59 of the laws  of
2019.

              

  Section 2 sets for the effective date

 
JUSTIFICATION:

Bail  reform  provisions  were  inserted  into last year's 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).  In  addition,  all  B  level  felonies under this section will
require  mandatory  pretrial  release  including  Criminal  sale  of   a
controlled substance to a child and Unlawful manufacture of methampheta-
mine  in  the first degree.  Recently, New York City's Special Narcotics
Prosecutor stated that the only crime for which bail will remain  avail-
able,  "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  Prosecutor  has  charged  fewer  than two dozen defendants in
connection with those prosecutions but  instead  filed  other  A  felony
charges.  Publicly  available  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  1.000defendants  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.

 
LEGISLATIVE HISTORY:
2022 S.8547/A.4789; 2019 A.7409A

 
FISCAL IMPLICATIONS:

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 statue enacted 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.