NY State Senate Bill 2023-S9001

Senate Bill S9001

2023-2024 Legislative Session

Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or 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
Apr 08, 2024	referred to codes

2023-S9001 (ACTIVE) - Details

See Assembly Version of this Bill:: A9609
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.40, CP L

2023-S9001 (ACTIVE) - Summary

Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.

2023-S9001 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9001

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to including
certain charges of criminal possession of a weapon in the third degree
as a qualifying offense for consideration of an order of recognizance,
release under non-monetary conditions or bail

 
PURPOSE OR GENERAL IDEA OF BILL:

Includes certain charges of criminal possession of a weapon in the third
degree as a qualifying offense for consideration of an order of recogni-
zance, release under non-monetary conditions or bail.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the criminal procedure law to add criminal possession
of an "explosive or incendiary bomb, bombshell, firearm silencer,
machine-gun or any other firearm or weapon simulating a machine-gun and
which is adaptable for such use" as a bail-eligible offense.

Section 2. Sets the effective date.

 
JUSTIFICATION:

A case in Orange County, New York recently made headlines after three
incendiary devices were recovered by a local Bomb Disposal Unit inside a
residence during a police search while serving a temporary order of
protection. The individual was not cooperative and was taken into custo-
dy, and a loaded firearm, four loaded magazines, and a ballistic vest
were also recovered. The individual was charged with three counts of
criminal possession of a weapon in the third degree (Penal Law 265.02,
Subdivision 2), and one count of criminal possession of a firearm (Penal
Law 265.01-b, Subdivision 1).

Despite the clear danger presented by this situation, the individual was
released on their own recognizance because these offenses are not bail-
eligible.

This bill would make criminal possession of an explosive or incendiary
bomb a bail-eligible offense.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9001 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9001
 
                             I N  S E N A T E
 
                               April 8, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- 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  including
   certain charges of criminal possession of a weapon in the third degree
   as a qualifying offense for consideration of an order of recognizance,
   release under non-monetary conditions or bail

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (u) of subdivision 4 of  section  530.40  of  the
 criminal procedure law, as added by section 4 of subpart B of part UU of
 chapter 56 of the laws of 2022, is amended to read as follows:
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision TWO OR 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.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14917-01-4

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