NY State Senate Bill 2023-S4570

Current 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 03, 2024	referred to codes
Feb 10, 2023	referred to codes

co-Sponsors

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2023-S4570 (ACTIVE) - Details

See Assembly Version of this Bill:: A5070
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2021-2022 Legislative Session:: S8181, A9381

2023-S4570 (ACTIVE) - Summary

Authorizes bail and pre-trial detention for all arson felonies.

2023-S4570 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4570

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to securing
orders for principals charged with arson felony offenses

 
PURPOSE OR GENERAL IDEA OF BILL:

To add felony arson in the third degree and the fourth degree to the
list of bail eligible offenses

 
SUMMARY OF PROVISIONS:

Section 1. This act shall be known as "Billy's Law"

Section 2. Adds felony arson in the third and fourth degree to the list
of bail eligible offenses

Section 3. Adds conforming language to section 530.20 of the CPL

Section 4. Adds conforming language to section 530.40 of the CPL

Section 5. Sets forth the effective date

 
JUSTIFICATION:

On January 15th, 2022, Forestburgh Assistant Fire Chief William "Billy"
Steinberg was tragically killed while responding to a fire in the Town
of Thompson in Sullivan County. He was just 37 years old.  This bill is
named in his honor.

Mohammed Islam, a resident of Brooklyn, was later charged with setting
the blaze that led to Billy's death. He broke into the home and inten-
tionally started the fire in a dresser drawer. He has been charged with
second-degree burglary and fourth degree arson.

The problem is, Mr. Islam should not have been free to set this fire in
the first place. He had already been charged with two previous arsons,
and due to the State's bail laws, he was not eligible to be assigned
bail and was therefore released and free to commit the crime that led to
Billy Steinberg's death. This should never have been allowed to happen.

This legislation adds arson in the third degree and arson in the fourth
degree (both felonies) to the list of offenses eligible for bail. There
is no question had this law been in place that the fire that led to
Billy Steinberg's death would not have happened because the perpetrator
would have been assigned bail and held in custody.

The purpose of this bill is to bring a measure of justice for Billy
Steinberg and his family and to prevent further needless deaths, by
ensuring that our judges have the proper tools to protect our communi-
ties from dangerous arsonists.

 
PRIOR LEGISLATIVE HISTORY:

Senate

2022-S8181, Reported to Committee on Finance

Assembly

2022-A9381, referred to codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S4570 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4570
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, BORRELLO, HELMING, OBERACKER, ORTT, PALUM-
   BO, STEC, TEDISCO, WEIK -- read twice and ordered  printed,  and  when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to securing
   orders for principals charged with arson felony offenses

   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 "Billy's law".
   §  2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 2 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended  and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, 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  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09296-01-3
 S. 4570                             2

 
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (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
   (V) ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05  OR  ARSON
 IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part  UU  of  chapter  56  of  the laws of 2022, are amended   and a new
 subparagraph (xxii) is added to read as follows:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket 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.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (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
   (XXII) ARSON IN THE FOURTH DEGREE AS  DEFINED  IN  SECTION  150.05  OR
 ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF THE PENAL LAW.
   §  4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, 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  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 S. 4570                             3
 
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (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
   (V) ARSON IN THE FOURTH DEGREE AS DEFINED IN SECTION 150.05  OR  ARSON
 IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF THE PENAL LAW.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S4570

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S4570 (ACTIVE) - Details

2023-S4570 (ACTIVE) - Summary

2023-S4570 (ACTIVE) - Sponsor Memo

2023-S4570 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4570

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

2023-S4570 (ACTIVE) - Details

2023-S4570 (ACTIVE) - Summary

2023-S4570 (ACTIVE) - Sponsor Memo

2023-S4570 (ACTIVE) - Bill Text download pdf

Comments