NY State Senate Bill 2021-S7300

Senate Bill S7300

2021-2022 Legislative Session

Makes any offense involving the use or possession of a firearm, shotgun or rifle bail eligible

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Jul 21, 2021	referred to rules

co-Sponsors

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2021-S7300 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2023-2024 Legislative Session:: S3494

2021-S7300 (ACTIVE) - Summary

Relates to making any offense involving the use or possession of a firearm, shotgun or rifle bail eligible.

2021-S7300 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7300

SPONSOR: WEIK
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to making any
offense involving the use or possession of a firearm, shotgun or rifle
bail eligible

 
PURPOSE:

To provide that any misdemeanor or felony offense alleged that involves
the use or possession of a firearm, shotgun or rifle is eligible for
bail.

 
SUMMARY OF PROVISIONS:

  Sections  1,  2  and 3 add any misdemeanor or felony offense involving
the use or possession of a firearm, shotgun or rifle to be  bail  eligi-
ble.

  Section 4 sets forth an immediate effective date.

 
JUSTIFICATION:  Prior to 2019, every firearm, shotgun or rifle related
crime a defendant was alleged to have committed was eligible for a judge
to  set  bail.  In  the 2019-2020 State Budget (S.1509C (Part JJJ)), the
Legislature removed most crimes from bail eligibility through  so-called
"bail  reform." Some of the crimes that were no longer eligible for bail
included violent felonies. In the following State Budget (S.7506B  (Part
UU)),  the  Legislature  made changes to its original bail reform legis-
lation by adding certain crimes back to bail  eligibility.  One  glaring
area of crimes that are still not bail eligible even after the 2020-2021
State Budget "fixes" are several crimes that involve guns.

These include criminal sale of a firearm to a minor, criminal possession
of a firearm, criminal possession of a firearm in the 3rd degree, crimi-
nal  purchase  or  disposal  of  a weapon, and criminal possession of an
undetectable firearm, rifle or shotgun. If an individual is charged with
any of the aforementioned crimes, a judge  is  prohibited  from  setting
bail  for  that defendant. In other words, if a criminal sales a firearm
to a child, they are immediately released back into society.

This legislation would  provide  that  all  firearm,  shotgun  or  rifle
related crimes a defendant is charged with are once again bail eligible.
Thus,  a  judge will have the discretion to set bail as he or she deter-
mines based on the facts surrounding the case if a crime is  alleged  to
have been committed with a firearm, shotgun or rifle.

 
LEGISLATIVE HISTORY:

2021: New bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2021-S7300 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7300
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 21, 2021
                                ___________
 
 Introduced  by  Sen.  WEIK  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law, in relation  to  making  any
   offense involving the use or possession of a firearm, shotgun or rifle
   bail eligible

   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, any of the underlying crimes need not be
 a qualifying offense as defined in this subdivision[.]; OR
   (U) ANY MISDEMEANOR OR FELONY OFFENSE INVOLVING THE USE OR  POSSESSION
 OF A FIREARM, SHOTGUN OR RIFLE.
   § 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
 part UU of chapter 56 of the laws of 2020, are amended and a new subpar-
 agraph (xxi) is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11907-01-1

 S. 7300                             2
 
   (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  MISDEMEANOR  OR  FELONY  OFFENSE  INVOLVING  THE  USE   OR
 POSSESSION OF A FIREARM, SHOTGUN OR RIFLE.
   §  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 subdivision (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, any of the underlying crimes need not  be
 a qualifying offense as defined in this subdivision[.]; OR
   (U)  ANY MISDEMEANOR OR FELONY OFFENSE INVOLVING THE USE OR POSSESSION
 OF A FIREARM, SHOTGUN OR RIFLE.
   § 4. This act shall take effect immediately.

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Senate Bill S7300

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Sponsored By

Alexis Weik

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Pamela Helming

Mike Martucci

Mario R. Mattera

Peter Oberacker

2021-S7300 (ACTIVE) - Details

2021-S7300 (ACTIVE) - Summary

2021-S7300 (ACTIVE) - Sponsor Memo

2021-S7300 (ACTIVE) - Bill Text download pdf

Comments