NY State Senate Bill 2023-S3494

Senate Bill S3494

2023-2024 Legislative Session

Makes any offense involving the use or possession of a firearm, shotgun or rifle bail eligible

download bill text pdf

Current Bill Status - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Jan 31, 2023	referred to codes

2023-S3494 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2021-2022 Legislative Session:: S7300

2023-S3494 (ACTIVE) - Summary

Relates to making any offense involving the use or possession of a firearm, shotgun or rifle bail eligible.

2023-S3494 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3494

SPONSOR: WEIK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to making any
offense involving the use or possession of a firearm, shotgun or rifle
bail eligible

 
PURPOSE:

To provide that any misdemeanor or felony offense alleged that involves
the use or possession of a firearm, shotgun or rifle is eligible for
bail.

 
SUMMARY OF PROVISIONS:

Sections 1, 2 and 3 add any misdemeanor or felony offense involving the
use or possession of a firearm, shotgun or rifle to be bail eligible.

Section 4 sets forth an immediate effective date.

 
JUSTIFICATION:

Prior to 2019, every firearm, shotgun or rifle related crime a defendant
was alleged to have committed was eligible for a judge to set bail. In
the 2019-2020 State Budget (S.1509C (Part JJJ)), the Legislature removed
most crimes from bail eligibility through so-called "bail reform." Some
of the crimes that were no longer eligible for bail included violent
felonies. In the following State Budget (S.7506B (Part UU)), the Legis-
lature made changes to its original bail reform legislation by adding
certain crimes back to bail eligibility. One glaring area of crimes that
are still not bail eligible even after the 2020-2021 State Budget
"fixes" are several crimes that involve guns.

These include criminal sale of a firearm to a minor, criminal possession
of a firearm, criminal possession of a firearm in the 3rd degree, crimi-
nal purchase or disposal of a weapon, and criminal possession of an
undetectable firearm, rifle or shotgun. If an individual is charged with
any of the aforementioned crimes, a judge is prohibited from setting
bail for that defendant. In other words, if a criminal sales a firearm
to a child, they are immediately released back into society.

This legislation would provide that all firearm, shotgun or rifle
related crimes a defendant is charged with are once again bail eligible.
Thus, a judge will have the discretion to set bail as he or she deter-
mines based on the facts surrounding the case if a crime is alleged to
have been committed with a firearm, shotgun or rifle.

 
LEGISLATIVE HISTORY:

2022: Codes Committee

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2023-S3494 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3494
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  making  any
   offense involving the use or possession of a firearm, shotgun or rifle
   bail eligible

   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 own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07032-01-3
 S. 3494                             2

 
 released on his or her own recognizance or under  appropriate  non-mone-
 tary 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)  ANY MISDEMEANOR OR FELONY OFFENSE INVOLVING THE USE OR POSSESSION
 OF A FIREARM, SHOTGUN OR RIFLE.
   § 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 own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance 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 qualifying offense as  defined  in  this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able 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 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)  ANY  MISDEMEANOR  OR  FELONY  OFFENSE  INVOLVING  THE  USE  OR
 POSSESSION OF A FIREARM, SHOTGUN OR RIFLE.
   §  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 own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance 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 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
 S. 3494                             3

 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 own recognizance or under appropriate non-mone-
 tary 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) ANY MISDEMEANOR OR FELONY OFFENSE INVOLVING THE USE OR  POSSESSION
 OF A FIREARM, SHOTGUN OR RIFLE.
   § 4. This act shall take effect immediately.

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