Senate Bill S9001

                                 
BILL NUMBER: S9001

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to including
certain charges of criminal possession of a weapon in the third degree
as a qualifying offense for consideration of an order of recognizance,
release under non-monetary conditions or bail

 
PURPOSE OR GENERAL IDEA OF BILL:

Includes certain charges of criminal possession of a weapon in the third
degree as a qualifying offense for consideration of an order of recogni-
zance, release under non-monetary conditions or bail.

 
SUMMARY OF PROVISIONS:

Section 1. Amends the criminal procedure law to add criminal possession
of an "explosive or incendiary bomb, bombshell, firearm silencer,
machine-gun or any other firearm or weapon simulating a machine-gun and
which is adaptable for such use" as a bail-eligible offense.
              

Section 2. Sets the effective date.

 
JUSTIFICATION:

A case in Orange County, New York recently made headlines after three
incendiary devices were recovered by a local Bomb Disposal Unit inside a
residence during a police search while serving a temporary order of
protection. The individual was not cooperative and was taken into custo-
dy, and a loaded firearm, four loaded magazines, and a ballistic vest
were also recovered. The individual was charged with three counts of
criminal possession of a weapon in the third degree (Penal Law 265.02,
Subdivision 2), and one count of criminal possession of a firearm (Penal
Law 265.01-b, Subdivision 1).

Despite the clear danger presented by this situation, the individual was
released on their own recognizance because these offenses are not bail-
eligible.

This bill would make criminal possession of an explosive or incendiary
bomb a bail-eligible offense.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.