NY State Senate Bill 2021-S7259A

Senate Bill S7259A

2021-2022 Legislative Session

Includes certain violations involving the use of a firearm as qualifying offenses for the purpose of imposing bail

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Archive: Last 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 05, 2022	referred to codes
Dec 13, 2021	print number 7259a
Dec 13, 2021	amend (t) and recommit to rules
Jun 23, 2021	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S7259 - Details

See Assembly Version of this Bill:: A8309
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20, 530.40 & 530.60, CP L
Versions Introduced in 2023-2024 Legislative Session:: A4140

2021-S7259 - Summary

Includes certain violations involving the use of a machine-gun, firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon as qualifying offenses for the purpose of imposing bail.

2021-S7259 - Sponsor Memo

                                
 
BILL NUMBER: S7259

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to including certain violations involving the use of a firearm
as qualifying offenses for the purpose of imposing bail

 
PURPOSE:

To include certain violations involving the use of a firearm as qualify-
ing offenses for the purpose of imposing bail.

 
SUMMARY OF PROVISIONS:

Section 1. Establishes the definition for "ghost gun" meaning any
firearm, rifle, or shotgun that is not serialized in accordance with the
requirements imposed on licensed importers and licensed manufacturers.

Section 2. Adds to the list of qualifying offenses for bail instances

where a principal is charged with a violation of article two-hundred
sixty-five of the penal law that involves the use of a machine-gun,
firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
assault weapon for felony court.

Section 3. Adds to the list of qualifying offenses for bail instances
where a principal is charged with a violation of article two-hundred
sixty-five of the penal law that involves the use of a machine-gun,
firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
assault weapon for local court.

Section 4. Adds to the list of offenses that warrant revocation of an
order of recognizance instances where a court has reasonable cause to
believe the defendant committed a violation of article two-hundred
sixty-five of the penal law that involves the use of a machine-gun,
firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
assault weapon.

Section 5. Allows a defendant to be committed to the custody of the
sheriff where a court has reasonable cause to believe the defendant
committed a violation of article two-hundred sixty-five of the penal law
that involves the use of a machine-gun, firearm silencer, firearm,
rifle, shotgun, disguised gun, ghost gun or assault weapon.

 
JUSTIFICATION:

The Legislature recently enacted a series of changes to the bail reform
measures that were enacted in 2019. The changes were reasonable measures
designed to maintain the core components of reform while recognizing the
need to provide at least some flexibility when certain criminal
violations are at issue. This bill builds on those efforts by adding
certain firearm offenses to the list of offenses that qualify for bail.

New York is suffering through a steep rise in gun violence, with shoot-
ings and gun homicides up significantly compared to just a few years
ago. In order to address this rise in gun crime, much of it committed
with illegally acquired guns, it is important to give judges the
discretion to set bail for people charged with crimes using illegal
guns. The criminal justice reforms of 2019 brought needed change to the
justice system and addressed long-standing racial inequities. Gun
violence takes a particularly tragic toll on communities of color, so
ensuring that the criminal justice system continues to protect communi-
ties from gun violence is imperative.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7259 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7259
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 23, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  including  certain  violations  involving  the  use of a
   firearm as qualifying offenses for the purpose of imposing bail

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 265.00 of the penal law is amended by adding a new
 subdivision 32 to read as follows:
   32. "GHOST GUN" MEANS ANY FIREARM, RIFLE OR SHOTGUN THAT IS NOT  SERI-
 ALIZED IN ACCORDANCE WITH THE REQUIREMENTS IMPOSED ON LICENSED IMPORTERS
 AND  LICENSED  MANUFACTURERS  PURSUANT TO SUBSECTION (I) OF SECTION NINE
 HUNDRED TWENTY-THREE OF TITLE EIGHTEEN OF THE  UNITED  STATES  CODE  AND
 REGULATIONS  ISSUED  PURSUANT  THERETO,  EXCEPT  FOR ANTIQUE FIREARMS AS
 DEFINED IN SUBDIVISION FOURTEEN OF THIS SECTION,  AS  ADDED  BY  CHAPTER
 NINE HUNDRED EIGHTY-SIX OF THE LAWS OF NINETEEN HUNDRED SEVENTY-FOUR, OR
 ANY  FIREARM,  RIFLE  OR  SHOTGUN MANUFACTURED PRIOR TO NINETEEN HUNDRED
 SIXTY-EIGHT.
   § 2. Paragraphs (s) and (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, are amended and a new paragraph  (u)  is  added  to
 read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11213-01-1

 S. 7259                             2
 
 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[.]; OR
   (U)  ANY  CRIME  IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN  OR  ASSAULT  WEAPON,  AS  SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 3. Subparagraphs (xix) and (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, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (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
 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 CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 4. Paragraphs (s) and (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, are amended and a new paragraph  (u)  is  added  to
 read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (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] PARAGRAPH, any of the underlying crimes
 need not be a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED  SIXTY-FIVE  OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 5. Paragraphs (a) and (e) of subdivision 2 of section 530.60 of  the
 criminal  procedure law, as amended by section 20 of part JJJ of chapter
 59 of the laws of 2019, are amended to read as follows:
   (a) Whenever in the course  of  a  criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance, release  under  non-monetary  condi-
 tions  or  bail  issued pursuant to this article it shall be grounds for
 revoking such order that the court finds reasonable cause to believe the
 defendant committed one or more specified  class  A  or  violent  felony

 S. 7259                             3
 
 offenses,  or  intimidated  a  victim or witness in violation of section
 215.15, 215.16 or 215.17 of the penal law  OR  COMMITTED  ANY  CRIME  IN
 VIOLATION  OF  ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW INVOLVING
 THE  USE  OF  A  MACHINE-GUN, FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN,
 DISGUISED GUN, GHOST GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN
 SECTION 265.00 OF THE PENAL LAW, while at liberty.
   (e) Notwithstanding the provisions of paragraph (a)  or  (b)  of  this
 subdivision  a defendant, against whom a felony complaint has been filed
 which charges the defendant with commission of  a  class  A  or  violent
 felony  offense, or violation of section 215.15, 215.16 or 215.17 of the
 penal law OR VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE  OF  THE  PENAL
 LAW  INVOLVING  THE  USE  OF  A  MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN  OR  ASSAULT  WEAPON,  AS  SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW, committed while he
 was  at liberty as specified therein, may be committed to the custody of
 the sheriff pending a revocation hearing for  a  period  not  to  exceed
 seventy-two  hours. An additional period not to exceed seventy-two hours
 may be granted by the court upon application of  the  district  attorney
 upon  a showing of good cause or where the failure to commence the hear-
 ing was due to the defendant's request or  occurred  with  his  consent.
 Such  good  cause  must  consist of some compelling fact or circumstance
 which precluded conducting the hearing  within  the  initial  prescribed
 period.
   § 6. This act shall take effect immediately.

co-Sponsors

2021-S7259A (ACTIVE) - Details

See Assembly Version of this Bill:: A8309
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20, 530.40 & 530.60, CP L
Versions Introduced in 2023-2024 Legislative Session:: A4140

2021-S7259A (ACTIVE) - Summary

2021-S7259A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7259A

SPONSOR: REICHLIN-MELNICK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to including
certain violations involving the use of a firearm as qualifying offenses
for the purpose of imposing bail

 
PURPOSE:

To include certain violations involving the use of a firearm as qualify-
ing offenses for the purpose of imposing bail.

 
SUMMARY OF PROVISIONS:

Section 1. Adds to the list of qualifying offenses for bail instances
where a principal is charged with a violation of article two-hundred
sixty-five of the penal law that involves the use of a machine-gun,
firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
assault weapon for felony court.

Section 2. Adds to the list of qualifying offenses for bail instances
where a principal is charged with a violation of article two-hundred
sixty-five of the penal law that involves the use of a machine-gun,
firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
assault weapon for local court.

Section 4. Adds to the list of offenses that warrant revocation of an
order of recognizance instances where a court has reasonable cause to
believe the defendant committed a violation of article two-hundred
sixty-five of the penal law that involves the use of a machine-gun,
firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or
assault weapon.

Section 5. Allows a defendant to be committed to the custody of the
sheriff where a court has reasonable cause to believe the defendant
committed a violation of article two-hundred sixty-five of the penal law
that involves the use of a machine-gun, firearm silencer, firearm,
rifle, shotgun, disguised gun, ghost gun or assault weapon.

 
JUSTIFICATION:

The Legislature recently enacted a series of changes to the bail reform
measures that were enacted in 2019. The changes were reasonable measures
designed to maintain the core components of reform while recognizing the
need to provide at least some flexibility when certain criminal
violations are at issue. This bill builds on those efforts by adding
certain firearm offenses to the list of offenses that qualify for bail.

New York is suffering through a steep rise in gun violence, with shoot-
ings and gun homicides up significantly compared to just a few years
ago. In order to address this rise in gun crime, much of it committed
with illegally acquired guns, it is important to give judges the
discretion to set bail for people charged with crimes using illegal
guns. The criminal justice reforms of 2019 brought needed change to the
justice system and addressed long-standing racial inequities. Gun
violence takes a particularly tragic toll on communities of color, so

ensuring that the criminal justice system continues to protect communi-
ties from gun violence is imperative.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S7259A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7259--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 23, 2021
                                ___________
 
 Introduced  by  Sens. REICHLIN-MELNICK, AKSHAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the criminal procedure law, in relation to including
   certain violations involving  the  use  of  a  firearm  as  qualifying
   offenses for the purpose of imposing bail
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraphs (s) and (t) of subdivision 4 of section  510.10
 of the criminal procedure law, as added by section 2 of part UU of chap-
 ter 56 of the laws of 2020, are amended and a new paragraph (u) is added
 to read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (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] PARAGRAPH, any of the underlying crimes
 need not be a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED  SIXTY-FIVE  OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 2. Subparagraphs (xix) and (xx) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, as amended by section 3 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11213-02-1

 S. 7259--A                          2
 
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
   (xix)  a  felony, where the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (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
 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 CRIME IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 3. Paragraphs (s) and (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, are amended and a new paragraph  (u)  is  added  to
 read as follows:
   (s)  a  felony,  where  the defendant qualifies for sentencing on such
 charge as a persistent felony offender pursuant to section 70.10 of  the
 penal law; [or]
   (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] PARAGRAPH, any of the underlying crimes
 need not be a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY CRIME IN VIOLATION OF ARTICLE TWO HUNDRED  SIXTY-FIVE  OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 4. Paragraphs (a) and (e) of subdivision 2 of section 530.60 of  the
 criminal  procedure law, as amended by section 20 of part JJJ of chapter
 59 of the laws of 2019, are amended to read as follows:
   (a) Whenever in the course  of  a  criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance, release  under  non-monetary  condi-
 tions  or  bail  issued pursuant to this article it shall be grounds for
 revoking such order that the court finds reasonable cause to believe the
 defendant committed one or more specified  class  A  or  violent  felony
 offenses,  or  intimidated  a  victim or witness in violation of section
 215.15, 215.16 or 215.17 of the penal law  OR  COMMITTED  ANY  CRIME  IN
 VIOLATION  OF  ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW INVOLVING
 THE USE OF A MACHINE-GUN, FIREARM  SILENCER,  FIREARM,  RIFLE,  SHOTGUN,
 DISGUISED GUN, GHOST GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN
 SECTION 265.00 OF THE PENAL LAW, while at liberty.
   (e)  Notwithstanding  the  provisions  of paragraph (a) or (b) of this
 subdivision a defendant, against whom a felony complaint has been  filed
 which  charges  the  defendant  with  commission of a class A or violent
 S. 7259--A                          3
 
 felony offense, or violation of section 215.15, 215.16 or 215.17 of  the
 penal  law  OR  VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL
 LAW INVOLVING THE USE  OF  A  MACHINE-GUN,  FIREARM  SILENCER,  FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW, committed while he
 was at liberty as specified therein, may be committed to the custody  of
 the  sheriff  pending  a  revocation  hearing for a period not to exceed
 seventy-two hours. An additional period not to exceed seventy-two  hours
 may  be  granted  by the court upon application of the district attorney
 upon a showing of good cause or where the failure to commence the  hear-
 ing  was  due  to  the defendant's request or occurred with his consent.
 Such good cause must consist of some  compelling  fact  or  circumstance
 which  precluded  conducting  the  hearing within the initial prescribed
 period.
   § 5. This act shall take effect immediately.

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Senate Bill S7259A

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Sponsored By

Elijah Reichlin-Melnick

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Fred Akshar

2021-S7259 - Details

2021-S7259 - Summary

2021-S7259 - Sponsor Memo

2021-S7259 - Bill Text download pdf

co-Sponsors

Fred Akshar

John W. Mannion

2021-S7259A (ACTIVE) - Details

2021-S7259A (ACTIVE) - Summary

2021-S7259A (ACTIVE) - Sponsor Memo

2021-S7259A (ACTIVE) - Bill Text download pdf

Comments