Senate Bill S307

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    307
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  RHOADS, CANZONERI-FITZPATRICK, GALLIVAN, HELMING,
   MARTINS, MATTERA, MURRAY, OBERACKER -- 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  authorizing
   bail  for  certain  felony  offenses  involving the manufacture, sale,
   distribution, or possession with intent to sell synthetic opioids
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (d)  of subdivision 4 of section 510.10 of the
 criminal procedure law, as amended by section 2 of part UU of chapter 56
 of the laws of 2020, is amended to read as follows:
   (d) a class A felony defined in the  penal  law[,  provided  that  for
 class A felonies under article two hundred twenty of the penal law, only
 class A-I felonies shall be a qualifying offense];
   §  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] THEIR 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01216-01-5
 S. 307                              2
 
 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
 released  on  [his  or  her] THEIR own recognizance or under appropriate
 non-monetary 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) ANY FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE
 PENAL  LAW,  WHERE SUCH OFFENSE INVOLVES THE MANUFACTURE, SALE, DISTRIB-
 UTION, OR POSSESSION WITH INTENT TO SELL  SYNTHETIC  OPIOIDS,  INCLUDING
 BUT  NOT LIMITED TO FENTANYL, FENTANYL ANALOGUES, NITAZENE, AND NITAZENE
 ANALOGUES.
   § 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 subpar-
 agraph (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] THEIR 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
 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 released on [his or her]
 THEIR 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) ANY FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE
 PENAL  LAW,  WHERE SUCH OFFENSE INVOLVES THE MANUFACTURE, SALE, DISTRIB-
 UTION, OR POSSESSION WITH INTENT TO SELL  SYNTHETIC  OPIOIDS,  INCLUDING
 BUT  NOT LIMITED TO FENTANYL, FENTANYL ANALOGUES, NITAZENE, AND NITAZENE
 ANALOGUES.
   § 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
 S. 307                              3
 
 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] THEIR 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
 released on [his or her] THEIR own  recognizance  or  under  appropriate
 non-monetary 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)  ANY  FELONY  OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE
 PENAL LAW, WHERE SUCH OFFENSE INVOLVES THE MANUFACTURE,  SALE,  DISTRIB-
 UTION,  OR  POSSESSION  WITH INTENT TO SELL SYNTHETIC OPIOIDS, INCLUDING
 BUT NOT LIMITED TO FENTANYL, FENTANYL ANALOGUES, NITAZENE, AND  NITAZENE
 ANALOGUES.
   § 5. This act shall take effect immediately.