Assembly Bill A1013

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1013
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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  including
   certain  violations  involving  the  use  of  a  firearm as qualifying
   offenses for the purpose of imposing bail

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    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 CRIME IN VIOLATION OF ARTICLE TWO HUNDRED  SIXTY-FIVE  OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   §  2.  Subparagraph (xxi) of paragraph (b) of subdivision 1 of section
 530.20 of the criminal procedure law, as added 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 CRIME IN VIOLATION OF ARTICLE TWO HUNDRED  SIXTY-FIVE  OF  THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02269-01-5
 A. 1013                             2
              

 
   §  3. 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 firearm to a minor as defined in section 265.16 of the  penal  law  OR
 ANY  OTHER  CRIME  IN VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE
 PENAL LAW INVOLVING THE USE OF A MACHINE-GUN, FIREARM SILENCER, FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW.
   § 4. Paragraphs (a) and (e) 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, are amended to read as follows:
   (a) Whenever in the course  of  a  criminal  action  or  proceeding  a
 defendant  charged  with  the  commission of a felony is at liberty as a
 result of an order of recognizance, release  under  non-monetary  condi-
 tions  or  bail  issued pursuant to this article it shall be grounds for
 revoking such order that the court finds reasonable cause to believe the
 defendant committed one or more specified  class  A  or  violent  felony
 offenses,  or  intimidated  a  victim or witness in violation of section
 215.15, 215.16 or 215.17 of the penal law  OR  COMMITTED  ANY  CRIME  IN
 VIOLATION  OF  ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW INVOLVING
 THE USE OF A MACHINE-GUN, FIREARM  SILENCER,  FIREARM,  RIFLE,  SHOTGUN,
 DISGUISED GUN, GHOST GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN
 SECTION 265.00 OF THE PENAL LAW, while at liberty.
   (e)  Notwithstanding  the  provisions  of paragraph (a) or (b) of this
 subdivision a defendant, against whom a felony complaint has been  filed
 which  charges  the  defendant  with  commission of a class A or violent
 felony offense, or violation of section 215.15, 215.16 or 215.17 of  the
 penal  law  OR  VIOLATION OF ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL
 LAW INVOLVING THE USE  OF  A  MACHINE-GUN,  FIREARM  SILENCER,  FIREARM,
 RIFLE,  SHOTGUN,  DISGUISED  GUN,  GHOST  GUN OR ASSAULT WEAPON, AS SUCH
 TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL  LAW,  committed  while
 [he] THE DEFENDANT was at liberty as specified therein, may be committed
 to  the custody of the sheriff pending a revocation hearing for a period
 not to exceed seventy-two hours. An  additional  period  not  to  exceed
 seventy-two  hours  may  be granted by the court upon application of the
 district attorney upon a showing of good cause or where the  failure  to
 commence the hearing was due to the defendant's request or occurred with
 [his]  THE  DEFENDANT'S  consent.  Such  good cause must consist of some
 compelling fact or circumstance which precluded conducting  the  hearing
 within the initial prescribed period.
   § 5. This act shall take effect immediately.