S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3995
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  EICHENSTEIN -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation  to  authorizing
   the  court  the  discretion  to  release  persons charged with certain
   crimes involving possession of a firearm on their own recognizance  or
   under  non-monetary  conditions, fix bail, or commit the person to the
   custody of the sheriff
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of section 510.10 of
 the criminal procedure law, as amended by section 1 of subpart C of part
 UU of chapter 56 of the laws of 2022, is amended to read as follows:
   When  a  principal, whose future court attendance at a criminal action
 or proceeding is or may be required, comes under the control of a court,
 such court shall, in accordance with this title,  by  a  securing  order
 release  the  principal on the principal's own recognizance, release the
 principal under non-monetary conditions, or, where authorized, fix  bail
 or  commit  the  principal  to  the  custody of the sheriff. In all such
 cases, except where another type  of  securing  order  is  shown  to  be
 required  by  law,  OR UNLESS OTHERWISE PROVIDED BY LAW, the court shall
 release the principal pending trial on the principal's own recognizance,
 unless it is demonstrated and the court makes an individualized determi-
 nation that the principal poses a risk of flight to  avoid  prosecution.
 If  such a finding is made, the court must, UNLESS OTHERWISE PROVIDED BY
 LAW, select the least restrictive alternative and  condition  or  condi-
 tions  that will reasonably assure the principal's return to court.  The
 court shall explain its choice of release, release with conditions, bail
 or remand on the record or in writing. In making its determination,  the
 court  must  consider  and take into account available information about
 the principal, including:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07689-01-3
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   § 2. Paragraph (u) of subdivision 4 of section 510.10 of the  criminal
 procedure  law, as added by section 2 of subpart B of part UU of chapter
 56 of the laws of 2022, is amended to read as follows:
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law  OR
 ANY OTHER 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. Section 510.10 of the criminal procedure law is amended by adding
 a new subdivision 7 to read as follows:
   7.  WHEN  THE  PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW  THAT  INVOLVES  A  MACHINE-GUN,
 FIREARM  SILENCER,  FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN OR
 ASSAULT WEAPON, THE COURT MAY IN ITS DISCRETION  RELEASE  THE  PRINCIPAL
 PENDING  TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER NON-MONETARY
 CONDITIONS, FIX BAIL, OR THE COURT  MAY  COMMIT  THE  PRINCIPAL  TO  THE
 CUSTODY  OF  THE  SHERIFF  WITHOUT  CONSIDERING  THE LIKELIHOOD THAT THE
 DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
 NECESSARY TO ENSURE THEIR RETURN TO COURT.
   § 4. The opening paragraph of subdivision 1 of section 510.30  of  the
 criminal  procedure law, as amended by section 2 of subpart C of part UU
 of chapter 56 of the laws of 2022, is amended to read as follows:
   With respect to any principal, the court [in all cases], unless other-
 wise provided by law, must impose the least restrictive kind and  degree
 of  control  or  restriction that is necessary to secure the principal's
 return to court when required. In determining  that  matter,  the  court
 must,  on  the  basis  of  available information, consider and take into
 account information about the principal that is relevant to the  princi-
 pal's return to court, including:
   § 5. Section 510.30 of the criminal procedure law is amended by adding
 a new subdivision 4 to read as follows:
   4.  WHEN  THE  PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN ARTICLE
 TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW  THAT  INVOLVES  A  MACHINE-GUN,
 FIREARM  SILENCER,  FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST GUN OR
 ASSAULT WEAPON, THE COURT MAY IN ITS DISCRETION  RELEASE  THE  PRINCIPAL
 PENDING  TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER NON-MONETARY
 CONDITIONS, FIX BAIL, OR THE COURT  MAY  COMMIT  THE  PRINCIPAL  TO  THE
 CUSTODY  OF  THE  SHERIFF  WITHOUT  CONSIDERING  THE LIKELIHOOD THAT THE
 DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
 NECESSARY TO ENSURE THEIR RETURN TO COURT.
   § 6. Subparagraph (xxi) of paragraph (b) of subdivision 1  of  section
 530.20 of the criminal procedure law, as amended by section 4 of subpart
 C  of  part  UU of chapter 56 of the laws of 2022, is amended to read as
 follows:
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as defined in section 265.16 of the penal law OR
 ANY  OTHER  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.
   § 7. Paragraph (u) of subdivision 4 of section 530.40 of the  criminal
 procedure  law, as added by section 4 of subpart B of part UU of chapter
 56 of the laws of 2022, is amended to read as follows:
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 A. 3995                             3
 
 a  firearm  to  a minor as defined in section 265.16 of the penal law OR
 ANY OTHER 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.
   §  8.  Subparagraph  (ii) of paragraph (d) 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, is amended and a new subparagraph
 (iii) is added to read as follows:
   (ii)  Under paragraph (b) of this subdivision, revocation of the order
 of recognizance, release under non-monetary conditions or, as  the  case
 may  be, bail shall result in the issuance of a new securing order which
 may, if otherwise authorized by law, permit the principal's  release  on
 recognizance  or  release  under non-monetary conditions, but shall also
 render the defendant eligible for an order fixing bail provided,  howev-
 er,  that in accordance with the principles in this title the court must
 select the least restrictive alternative  and  condition  or  conditions
 that will reasonably assure the principal's return to court.  Nothing in
 this  subparagraph  shall  be  interpreted  as  shortening the period of
 detention, or requiring or authorizing any less restrictive  form  of  a
 securing order, which may be imposed pursuant to any other law[.]; AND
   (III) WHEN THE PRINCIPAL IS CHARGED WITH A CRIME AS DEFINED IN ARTICLE
 TWO  HUNDRED  SIXTY-FIVE  OF  THE PENAL LAW THAT INVOLVES A MACHINE-GUN,
 FIREARM SILENCER, FIREARM, RIFLE, SHOTGUN, DISGUISED GUN, GHOST  GUN  OR
 ASSAULT  WEAPON,  THE  COURT MAY IN ITS DISCRETION RELEASE THE PRINCIPAL
 PENDING TRIAL ON THE PRINCIPAL'S OWN RECOGNIZANCE OR UNDER  NON-MONETARY
 CONDITIONS,  FIX  BAIL,  OR  THE  COURT  MAY COMMIT THE PRINCIPAL TO THE
 CUSTODY OF THE SHERIFF  WITHOUT  CONSIDERING  THE  LIKELIHOOD  THAT  THE
 DEFENDANT WILL RETURN FOR COURT OR SELECTING THE LEAST RESTRICTIVE MEANS
 NECESSARY TO ENSURE THEIR RETURN TO COURT.
   § 9. This act shall take effect immediately.