S T A T E O F N E W Y O R K
________________________________________________________________________
6737
2021-2022 Regular Sessions
I N A S S E M B L Y
March 29, 2021
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Codes
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (t) of subdivision 4 of section 510.10 of the
criminal procedure law, as added by section 2 of part UU of chapter 56
of the laws of 2020, is amended and a new paragraph (u) is added to read
as follows:
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, where such charge arose from conduct occurring
while the defendant was released on his or her own recognizance or
released under conditions 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[.], OR
(U) ANY FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM OR
CRIMINAL POSSESSION OF A WEAPON IN VIOLATION OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW.
§ 2. Subparagraph (xx) 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 and a new subparagraph
(xxi) is added to read as follows:
(xx) any felony or class A misdemeanor involving harm to an identifi-
able person or property, where such charge arose from conduct occurring
while the defendant was released on his or her own recognizance or
released under conditions for a separate felony or class A misdemeanor
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09148-01-1
A. 6737 2
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[.]; OR
(XXI) ANY FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM
OR CRIMINAL POSSESSION OF A WEAPON IN VIOLATION OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW.
§ 3. Paragraph (t) of subdivision 4 of section 530.40 of the criminal
procedure law, as added by section 4 of part UU of chapter 56 of the
laws of 2020, is amended and a new paragraph (u) is added to read as
follows:
(t) any felony or class A misdemeanor involving harm to an identifi-
able person or property, where such charge arose from conduct occurring
while the defendant was released on his or her own recognizance or
released under conditions 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[.]; OR
(U) ANY FELONY OFFENSE INVOLVING CRIMINAL POSSESSION OF A FIREARM OR
CRIMINAL POSSESSION OF A WEAPON IN VIOLATION OF ARTICLE TWO HUNDRED
SIXTY-FIVE OF THE PENAL LAW.
§ 4. This act shall take effect immediately.