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Assembly Bill A9719

2023-2024 Legislative Session

Provides for automatic remand of persons charged with an offense involving the use or possession of an illegal firearm

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Archive: Last Bill Status - In Assembly Committee

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2023-A9719 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.20, CP L

2023-A9719 (ACTIVE) - Summary

Requires the court to commit a defendant to the custody of the sheriff when such defendant is charged with an offense under the penal law involving the use or possession of a firearm, and such firearm is not legally registered, licensed or possessed in accordance with section 400.00 of the penal law.

2023-A9719 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9719
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to providing for
   automatic remand of persons charged with an offense involving the  use
   or possession of an illegal firearm
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as "Diller's law".
   § 2. Section 530.20 of the criminal procedure law is amended by adding
 a new subdivision 3 to read as follows:
   3. THE COURT SHALL COMMIT THE DEFENDANT TO THE CUSTODY OF THE  SHERIFF
 WHEN:
   (A)  THE  DEFENDANT  IS  CHARGED, BY FELONY COMPLAINT, WITH AN OFFENSE
 UNDER ARTICLE TWO HUNDRED SIXTY-FIVE OF  THE  PENAL  LAW  OR  ANY  OTHER
 OFFENSE  UNDER  THE  PENAL  LAW  INVOLVING  THE  USE  OR POSSESSION OF A
 FIREARM; AND
   (B)   THE FIREARM USED OR  POSSESSED  DURING  THE  COMMISSION  OF  THE
 OFFENSE  IS  NOT LEGALLY REGISTERED, LICENSED OR POSSESSED IN ACCORDANCE
 WITH SECTION 400.00 OF THE PENAL LAW.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a  law  and  shall  apply  to
 offenses charged on or after such date.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15048-02-4

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