NY State Senate Bill 2025-S7126

Senate Bill S7126

2025-2026 Legislative Session

Relates to bail for certain offenses involving the sale or possession with intent to sell of a controlled substance or a synthetic opioid

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 01, 2025	referred to codes

2025-S7126 (ACTIVE) - Details

See Assembly Version of this Bill:: A7006
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L

2025-S7126 (ACTIVE) - Summary

Authorizes the imposition of bail for certain offenses involving the sale or possession with intent to sell of a controlled substance or a synthetic opioid.

2025-S7126 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7126

SPONSOR: OBERACKER
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to authorizing
bail for certain offenses involving the sale or possession with intent
to sell of a controlled substance or a synthetic opioid

 
PURPOSE:

To modify criminal procedure law to include selling controlled substance
offenses as bail eligible offenses.

 
SUMMARY OF PROVISIONS:

Section 1 amends paragraph (d) of subdivision 4 of section 510.10 of the
criminal procedure law, as amended by section 2 of part UU of Chapter 56
of laws of 2020.

Section 2 amends subparagraph (t) and (u) subdivision 4 of section
510.10 of the criminal procedure law, paragraph (t) as amended and para-

graph (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.

Section 3 amends subparagraph (iv) of paragraph (b) of subdivision 1 of
section 530.20 of the criminal procedure law, as amended by section 3 of
part UU of chapter 56 of the laws of 2020.

Section 4 amends subparagraphs (xx) and (xxi) of paragraph (b) of subdi-
vision 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 and adds a new subpara-
graph (xxii).

Section 5 amends paragraph (d) of subdivision 4 of section 530.40 of the
criminal procedure law, as amended by section 4 of part UU of chapter 56
of the laws of 2020.

Section 6 amends paragraphs (t) and (u) of subdivision 4 of section
530.40 of the criminal procedure law, paragraph (t) as amended and para-
graph u) as added by section 4 of subpart B of part UU of chapter 56 of
the laws of 2022 and adds a new paragraph (v).

Section 7 establishes the effective date.

 
EXISTING LAW:

Click here

 
JUSTIFICATION:

The State of New York is in the midst of an overdose crisis that is
devastating families and decimating our communities. Substance use
disorders are illnesses, and we need to protect our most vulnerable New
Yorkers from the dangers of illicit drugs in our state. Every day, more
and more street drugs are found to be laced with lethal doses of fenta-
nyl and other deadly substances. My district, among others, suffers at
the hands of repeat offenders who take lives before the state even has a
chance to prosecute them. We need to control the sale of these
substances.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2025-S7126 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7126
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 1, 2025
                                ___________
 
 Introduced by Sen. OBERACKER -- 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
   bail for certain offenses involving the sale or possession with intent
   to sell of a controlled substance or a synthetic opioid

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 4 of section 510.10 of the
 criminal procedure law, as amended by section 2 of part UU of chapter 56
 of the laws of 2020, is amended to read as follows:
   (d) a class A felony defined in the  penal  law[,  provided  that  for
 class A felonies under article two hundred twenty of the penal law, only
 class A-I felonies shall be a qualifying offense];
   §  2. 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] THEIR 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] PARAGRAPH, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01664-02-5

 S. 7126                             2
 
 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] THEIR own recognizance or under appro-
 priate 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) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY,
 ANY OFFENSE DEFINED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL  LAW,
 WHERE  SUCH  OFFENSE INVOLVES THE SALE OR POSSESSION WITH INTENT TO SELL
 OF A CONTROLLED SUBSTANCE OR  A  SYNTHETIC  OPIOID,  INCLUDING  BUT  NOT
 LIMITED   TO   FENTANYL,  FENTANYL  ANALOGUES,  NITAZENE,  AND  NITAZENE
 ANALOGUES.
   § 3. Subparagraph (iv) of paragraph (b) of subdivision  1  of  section
 530.20 of the criminal procedure law, as amended by section 3 of part UU
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (iv)  a  class  A felony defined in the penal law[, provided, that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense];
   § 4. 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] THEIR 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
 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]
 THEIR  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) NOTWITHSTANDING  ANY  PROVISION  OF  THIS  SUBDIVISION  TO  THE
 CONTRARY, ANY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL
 LAW,  WHERE  SUCH OFFENSE INVOLVES THE SALE OR POSSESSION WITH INTENT TO
 SELL OF A CONTROLLED SUBSTANCE OR A SYNTHETIC OPIOID, INCLUDING BUT  NOT
 LIMITED   TO   FENTANYL,  FENTANYL  ANALOGUES,  NITAZENE,  AND  NITAZENE
 ANALOGUES.
 S. 7126                             3
 
   § 5. Paragraph (d) of subdivision 4 of section 530.40 of the  criminal
 procedure  law,  as amended by section 4 of part UU of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (d)  a  class  A  felony  defined in the penal law[, provided that for
 class A felonies under article two hundred  twenty  of  such  law,  only
 class A-I felonies shall be a qualifying offense];
   §  6. 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] THEIR 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] PARAGRAPH, 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 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] THEIR own recognizance or under appro-
 priate 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) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY,
 ANY OFFENSE DEFINED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL  LAW,
 WHERE  SUCH  OFFENSE INVOLVES THE SALE OR POSSESSION WITH INTENT TO SELL
 OF A CONTROLLED SUBSTANCE OR  A  SYNTHETIC  OPIOID,  INCLUDING  BUT  NOT
 LIMITED   TO   FENTANYL,  FENTANYL  ANALOGUES,  NITAZENE,  AND  NITAZENE
 ANALOGUES.
   § 7. This act shall take effect immediately.

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