NY State Senate Bill 2023-S7322

Senate Bill S7322

2023-2024 Legislative Session

Authorizes crimes committed by members of street gangs or a criminal enterprise to be eligible for bail

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
May 19, 2023	referred to codes

2023-S7322 (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:: S7446

2023-S7322 (ACTIVE) - Summary

Authorizes crimes committed by members of street gangs or a criminal enterprise to be eligible for bail.

2023-S7322 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7322

SPONSOR: CANZONERI-FITZPATRICK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to authorizing
crimes committed by members of street gangs or a criminal enterprise to
be eligible for bail

 
PURPOSE::

To allow judges discretion in setting bail if there is a reasonable
cause to believe such crime is connected to criminal street gang or
criminal enterprise activity.

 
SUMMARY OF PROVISIONS::

Section 1: Amends Section 510.10 of the Criminal Procedure law to add to
the definition of a qualifying offense for the purpose of this subdivi-
sion to ensure the inclusion of any misdemeanor or felony offense where
there is reasonable cause to believe the principal is associated with a
criminal street gang or a criminal enterprise and that the offense is

connected to criminal street gang or criminal enterprise activity.

Section 2: Adds similar provisions to Section 530.20 of the Criminal
Procedure Law as Section 1 of this act.

Section 3: Adds similar provisions to Section 530240 of the Criminal
Procedure Law as Section 1 of this act.

Section 4: Establishes the effective date.

 
JUSTIFICATION::

Sweeping changes to New York State's bail reform laws were enacted as
part of the 2019-2020 New York State Budget. Although these reforms were
passed with the intent of protecting the rights of the accused, suffi-
cient safeguards were not put in place to ensure the safety of others,
particularly crime victims and witnesses. Unfortunately, these reforms
have made it more difficult for law enforcement to hold perpetrators of
gang violence accountable and seek justice for victims.

As has been widely reported, communities across the Hudson Valley have
seen an increase in gang-related activities, as changes to New York's
bail laws make it more difficult to keep perpetrators off the streets,
prevent service providers from intervening to break the cycle of
violence and prevent witnesses who fear retaliation from coming forward.

This legislation would allow judges to set bail if there is a reasonable
cause to believe that a crime is directly connected to a criminal street
gang or criminal enterprise activity. This change would ensure that
those who are committing acts of gang violence are held to account,
better protect those who witness gang activity and provide justice for
victims.-Such an expansion of qualifying offenses would give law
enforcement the tools they need to work with community stakeholders to
more effectively address the rising scourge of gang violence in our
State.

 
LEGISLATIVE HISTORY::
2021-22: S.7446, Referred to Codes

 
FISCAL IMPLICATIONS::

None to the state.

 
EFFECTIVE DATE::

This act shall take effect immediately.

2023-S7322 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7322
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  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  authorizing
   crimes  committed  by members of street gangs or a criminal enterprise
   to be eligible for bail

   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.
                                                            LBD09220-01-3
 S. 7322                             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 AND THERE IS REASONABLE CAUSE TO
 BELIEVE  THE  PRINCIPAL  IS  ASSOCIATED  WITH A CRIMINAL STREET GANG, AS
 DEFINED IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW AND THERE IS REASONABLE CAUSE TO BELIEVE THE OFFENSE IS CONNECTED TO
 CRIMINAL STREET GANG OR CRIMINAL ENTERPRISE ACTIVITY.
   § 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 AND THERE IS REASONABLE CAUSE
 TO  BELIEVE  THE PRINCIPAL IS ASSOCIATED WITH A CRIMINAL STREET GANG, AS
 DEFINED IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW AND THERE IS REASONABLE CAUSE TO BELIEVE THE OFFENSE IS CONNECTED TO
 CRIMINAL STREET GANG OR CRIMINAL ENTERPRISE ACTIVITY.
   §  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 subdivision (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
 S. 7322                             3
 
 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
 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 AND THERE IS REASONABLE CAUSE TO
 BELIEVE  THE  PRINCIPAL  IS  ASSOCIATED  WITH A CRIMINAL STREET GANG, AS
 DEFINED IN SECTION 10-170 OF THE ADMINISTRATIVE CODE OF THE CITY OF  NEW
 YORK OR A CRIMINAL ENTERPRISE, AS DEFINED IN SECTION 460.10 OF THE PENAL
 LAW AND THERE IS REASONABLE CAUSE TO BELIEVE THE OFFENSE IS CONNECTED TO
 CRIMINAL STREET GANG OR CRIMINAL ENTERPRISE ACTIVITY.
   § 4. This act shall take effect immediately.

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