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.