Assembly Bill A4151

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4151
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by M. of A. GRAY -- Multi-Sponsored by -- M. of A. K. BROWN,
   LEMONDES, McDONOUGH, PALMESANO  --  read  once  and  referred  to  the
   Committee on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to mandatory
   pre-trial detention of a principal charged with criminal possession of
   a controlled substance with intent to sell

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  criminal  procedure  law  is amended by adding a new
 section 510.25 to read as follows:
 § 510.25 MANDATORY PRE-TRIAL DETENTION.
   1. EXCEPT AS OTHERWISE PROVIDED BY SUBDIVISION TWO  OF  THIS  SECTION,
 PRE-TRIAL DETENTION OF A PRINCIPAL SHALL BE MANDATORY WHEN THE PRINCIPAL
 STANDS CHARGED WITH CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE
 THIRD  DEGREE  AS  DEFINED  IN SECTION 220.16 OF THE PENAL LAW, CRIMINAL
 POSSESSION OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE AS DEFINED  IN
 SECTION  220.09 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF A CONTROLLED
 SUBSTANCE IN THE FIFTH DEGREE AS DEFINED IN SECTION 220.06 OF THE  PENAL
 LAW.
   2.  (A)  THE  COURT,  UNLESS  OTHERWISE  PROHIBITED BY LAW, MAY IN ITS
 DISCRETION  RELEASE  A  PRINCIPAL  WHO  STANDS  CHARGED  WITH   CRIMINAL
 POSSESSION  OF  A CONTROLLED SUBSTANCE IN THE THIRD DEGREE AS DEFINED IN
 SECTION 220.16 OF THE PENAL LAW, CRIMINAL  POSSESSION  OF  A  CONTROLLED
 SUBSTANCE IN THE FOURTH DEGREE AS DEFINED IN SECTION 220.09 OF THE PENAL
 LAW,  OR  CRIMINAL  POSSESSION  OF  A  CONTROLLED SUBSTANCE IN THE FIFTH
 DEGREE AS DEFINED IN SECTION 220.06 OF THE PENAL LAW, PENDING  TRIAL  ON
 THE  PRINCIPAL'S  OWN RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS, FIX
 BAIL, OR ORDER NON-MONETARY CONDITIONS IN CONJUNCTION WITH FIXING  BAIL,
 IF  THE  DEFENSE CAN DEMONSTRATE, THROUGH CLEAR AND CONVINCING EVIDENCE,
 THAT THE PRINCIPAL DOES NOT POSE A SUBSTANTIAL RISK TO PUBLIC SAFETY  OR
 IS NOT A FLIGHT RISK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08233-01-5
              

 A. 4151                             2
 
   (B)  THE COURT SHALL NOT GRANT PRE-TRIAL RELEASE PURSUANT TO PARAGRAPH
 (A) OF  THIS  SUBDIVISION  BASED  SOLELY  ON  THE  ABSENCE  OF  PREVIOUS
 CONVICTIONS,  FAMILIAL  OR  COMMUNITY TIES, OR ANY OTHER FACTORS THAT DO
 NOT DIRECTLY ADDRESS THE NATURE OF THE OFFENSE OR  POTENTIAL  RISK  THAT
 THE PRINCIPAL POSES TO PUBLIC SAFETY.
   (C)  THE  COURT  SHALL  IMPOSE STRICT CONDITIONS FOR PRE-TRIAL RELEASE
 GRANTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, INCLUDING BUT NOT
 LIMITED TO ELECTRONIC MONITORING, REGULAR CHECK-INS, OR  RESTRICTION  OF
 TRAVEL.
   3.  ANY  VIOLATION  OF  THIS SECTION SHALL RESULT IN APPROPRIATE LEGAL
 SANCTIONS, INCLUDING BUT NOT LIMITED TO CONTEMPT OF COURT AND  SANCTIONS
 FOR NON-COMPLIANCE.
   § 2. This act shall take effect immediately.