BILL NUMBER: S7419

SPONSOR: RYAN C
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the authority
to remand a principal charged with certain felony offenses involving the
possession of firearms or weapons

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would grant the authority to remand a person charged with
certain felony offenses involving the possession of firearms or weapons.

 
SUMMARY OF PROVISIONS:

Section 1: 510.10 CPL, Section 2 part UU add new (U) Securing order;
when required; alternatives available; standard. Add (u) Any Felony
offense involving criminal possession of a firearm or criminal
possession of a weapon In violation of article 265 of the penal code.

Section 2: sub xx 530.20 CPL Securing order by local criminal court when
              

action is pending therein. Add (xxi) "Any Felony offense involving crim-
inal possession of a firearm or criminal possession of a weapon In
violation of article 265 of the penal code."

Section 3: Sub 4 section 530.40 CPL Order of Recognizance release on
non-monetary conditions or mandatory bail. Add (u) "Any Felony offense
involving criminal possession of a firearm or criminal possession of a
weapon In violation of article 265 of the penal code."  This act shall
take effect immediately.

 
JUSTIFICATION:

The NYS Legislature passed and implemented Bail Reforms in 2019-2020.
In the original April 2019 reforms, nine categories of charges- over-
whelmingly felonies-remained eligible for bail or remand. These are
still eligible under the 2020 amendments. The categories include:
"virtually all violent felony offenses; felony witness tampering; felony
witness intimidation; Class A felonies (except most Class A drug charg-
es); sex offenses; criminal contempt when involving a crime of domestic
violence; conspiracy to commit murder; most terrorism charges; and
offenses involving pornography and children.

While some misdemeanors are eligible for bail, none are subject to
direct remand to pretrial detention, whereas all qualifying felonies can
face either bail or remand. Unfortunately, while the 2020 amendments did
add criminal possession of a weapon on school grounds (PL 265.01-a) as a
nonviolent felony eligible for remand, language including any felony
offenses involving the criminal possession of a firearm or weapon were
not included as qualifying offenses eligible for remand.

In 2021, there has been a total of 9,413-gun deaths. This total breaks
down to 4,067 people lost by homicide or murder, 101 mass shootings and
995 children aged 0-17 who were injured or killed due to incidents
involving a gun(Gun Violence Archive.)The data presents a situation that
requires legislative initiative while emboldening the need to include
any felony offenses, that involve criminal possession of a firearm or
weapon, to be deemed a qualifying felony eligible for remand.
 
PRIOR LEGISLATIVE HISTORY:

2021-2022 A6737