A 4151: Mandates pre-trial detention of a principal who stands charged with criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, or criminal possession of a controlled substance in the fifth degree.

  
  STATE OF NEW YORK ________________________________________________________________________ 4151 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 510.25 to read as follows: 3 § 510.25 Mandatory pre-trial detention. 4 1. Except as otherwise provided by subdivision two of this section, 5 pre-trial detention of a principal shall be mandatory when the principal 6 stands charged with criminal possession of a controlled substance in the 7 third degree as defined in section 220.16 of the penal law, criminal 8 possession of a controlled substance in the fourth degree as defined in 9 section 220.09 of the penal law, or criminal possession of a controlled 10 substance in the fifth degree as defined in section 220.06 of the penal 11 law. 12 2. (a) The court, unless otherwise prohibited by law, may in its 13 discretion release a principal who stands charged with criminal 14 possession of a controlled substance in the third degree as defined in 15 section 220.16 of the penal law, criminal possession of a controlled 16 substance in the fourth degree as defined in section 220.09 of the penal 17 law, or criminal possession of a controlled substance in the fifth 18 degree as defined in section 220.06 of the penal law, pending trial on 19 the principal's own recognizance or under non-monetary conditions, fix 20 bail, or order non-monetary conditions in conjunction with fixing bail, 21 if the defense can demonstrate, through clear and convincing evidence, 22 that the principal does not pose a substantial risk to public safety or 23 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 1 (b) The court shall not grant pre-trial release pursuant to paragraph 2 (a) of this subdivision based solely on the absence of previous 3 convictions, familial or community ties, or any other factors that do 4 not directly address the nature of the offense or potential risk that 5 the principal poses to public safety. 6 (c) The court shall impose strict conditions for pre-trial release 7 granted pursuant to paragraph (a) of this subdivision, including but not 8 limited to electronic monitoring, regular check-ins, or restriction of 9 travel. 10 3. Any violation of this section shall result in appropriate legal 11 sanctions, including but not limited to contempt of court and sanctions 12 for non-compliance. 13 § 2. This act shall take effect immediately.