A 1013: Includes certain violations involving the use of a machine-gun, firearm silencer, firearm, rifle, shotgun, disguised gun, ghost gun or assault weapon as qualifying offenses for the purpose of imposing bail.

  
  STATE OF NEW YORK ________________________________________________________________________ 1013 2025-2026 Regular Sessions  IN ASSEMBLY (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: 1 Section 1. Paragraph (u) of subdivision 4 of section 510.10 of the 2 criminal procedure law, as added by section 2 of subpart B of part UU of 3 chapter 56 of the laws of 2022, is amended to read as follows: 4 (u) criminal possession of a weapon in the third degree as defined in 5 subdivision three of section 265.02 of the penal law or criminal sale of 6 a firearm to a minor as defined in section 265.16 of the penal law or 7 any other crime in violation of article two hundred sixty-five of the 8 penal law involving the use of a machine-gun, firearm silencer, firearm, 9 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 10 terms are defined in section 265.00 of the penal law. 11 § 2. Subparagraph (xxi) of paragraph (b) of subdivision 1 of section 12 530.20 of the criminal procedure law, as added by section 4 of subpart C 13 of part UU of chapter 56 of the laws of 2022, is amended to read as 14 follows: 15 (xxi) criminal possession of a weapon in the third degree as defined 16 in subdivision three of section 265.02 of the penal law or criminal sale 17 of a firearm to a minor as defined in section 265.16 of the penal law or 18 any other crime in violation of article two hundred sixty-five of the 19 penal law involving the use of a machine-gun, firearm silencer, firearm, 20 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 21 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 1 § 3. Paragraph (u) of subdivision 4 of section 530.40 of the criminal 2 procedure law, as added by section 4 of subpart B of part UU of chapter 3 56 of the laws of 2022, is amended to read as follows: 4 (u) criminal possession of a weapon in the third degree as defined in 5 subdivision three of section 265.02 of the penal law or criminal sale of 6 a firearm to a minor as defined in section 265.16 of the penal law or 7 any other crime in violation of article two hundred sixty-five of the 8 penal law involving the use of a machine-gun, firearm silencer, firearm, 9 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 10 terms are defined in section 265.00 of the penal law. 11 § 4. Paragraphs (a) and (e) of subdivision 2 of section 530.60 of the 12 criminal procedure law, as amended by section 20 of part JJJ of chapter 13 59 of the laws of 2019, are amended to read as follows: 14 (a) Whenever in the course of a criminal action or proceeding a 15 defendant charged with the commission of a felony is at liberty as a 16 result of an order of recognizance, release under non-monetary condi- 17 tions or bail issued pursuant to this article it shall be grounds for 18 revoking such order that the court finds reasonable cause to believe the 19 defendant committed one or more specified class A or violent felony 20 offenses, or intimidated a victim or witness in violation of section 21 215.15, 215.16 or 215.17 of the penal law or committed any crime in 22 violation of article two hundred sixty-five of the penal law involving 23 the use of a machine-gun, firearm silencer, firearm, rifle, shotgun, 24 disguised gun, ghost gun or assault weapon, as such terms are defined in 25 section 265.00 of the penal law, while at liberty. 26 (e) Notwithstanding the provisions of paragraph (a) or (b) of this 27 subdivision a defendant, against whom a felony complaint has been filed 28 which charges the defendant with commission of a class A or violent 29 felony offense, or violation of section 215.15, 215.16 or 215.17 of the 30 penal law or violation of article two hundred sixty-five of the penal 31 law involving the use of a machine-gun, firearm silencer, firearm, 32 rifle, shotgun, disguised gun, ghost gun or assault weapon, as such 33 terms are defined in section 265.00 of the penal law, committed while 34 [he] the defendant was at liberty as specified therein, may be committed 35 to the custody of the sheriff pending a revocation hearing for a period 36 not to exceed seventy-two hours. An additional period not to exceed 37 seventy-two hours may be granted by the court upon application of the 38 district attorney upon a showing of good cause or where the failure to 39 commence the hearing was due to the defendant's request or occurred with 40 [his] the defendant's consent. Such good cause must consist of some 41 compelling fact or circumstance which precluded conducting the hearing 42 within the initial prescribed period. 43 § 5. This act shall take effect immediately.