S 7126: Authorizes the imposition of bail for certain offenses involving the sale or possession with intent to sell of a controlled substance or a synthetic opioid.

  
  STATE OF NEW YORK ________________________________________________________________________ 7126 2025-2026 Regular Sessions  IN SENATE April 1, 2025 ___________ Introduced by Sen. 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 offenses involving the sale or possession with intent to sell of a controlled substance or a synthetic opioid The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 4 of section 510.10 of the 2 criminal procedure law, as amended by section 2 of part UU of chapter 56 3 of the laws of 2020, is amended to read as follows: 4 (d) a class A felony defined in the penal law[, provided that for 5 class A felonies under article two hundred twenty of the penal law, only 6 class A-I felonies shall be a qualifying offense]; 7 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 8 criminal procedure law, paragraph (t) as amended and paragraph (u) as 9 added by section 2 of subpart B of part UU of chapter 56 of the laws of 10 2022, are amended and a new paragraph (v) is added to read as follows: 11 (t) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, or any charge of criminal possession of a 13 firearm as defined in section 265.01-b of the penal law, where such 14 charge arose from conduct occurring while the defendant was released on 15 [his or her] their own recognizance, released under conditions, or had 16 yet to be arraigned after the issuance of a desk appearance ticket for a 17 separate felony or class A misdemeanor involving harm to an identifiable 18 person or property, or any charge of criminal possession of a firearm as 19 defined in section 265.01-b of the penal law, provided, however, that 20 the prosecutor must show reasonable cause to believe that the defendant 21 committed the instant crime and any underlying crime. For the purposes 22 of this [subparagraph] paragraph, any of the underlying crimes need not 23 be a qualifying offense as defined in this subdivision. For the purposes 24 of this paragraph, "harm to an identifiable person or property" shall EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01664-02-5 
 S. 7126 2 1 include but not be limited to theft of or damage to property. However, 2 based upon a review of the facts alleged in the accusatory instrument, 3 if the court determines that such theft is negligible and does not 4 appear to be in furtherance of other criminal activity, the principal 5 shall be released on [his or her] their own recognizance or under appro- 6 priate non-monetary conditions; [or] 7 (u) criminal possession of a weapon in the third degree as defined in 8 subdivision three of section 265.02 of the penal law or criminal sale of 9 a firearm to a minor as defined in section 265.16 of the penal law[.]; 10 or 11 (v) notwithstanding any provision of this subdivision to the contrary, 12 any offense defined in article two hundred twenty of the penal law, 13 where such offense involves the sale or possession with intent to sell 14 of a controlled substance or a synthetic opioid, including but not 15 limited to fentanyl, fentanyl analogues, nitazene, and nitazene 16 analogues. 17 § 3. Subparagraph (iv) of paragraph (b) of subdivision 1 of section 18 530.20 of the criminal procedure law, as amended by section 3 of part UU 19 of chapter 56 of the laws of 2020, is amended to read as follows: 20 (iv) a class A felony defined in the penal law[, provided, that for 21 class A felonies under article two hundred twenty of such law, only 22 class A-I felonies shall be a qualifying offense]; 23 § 4. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 24 section 530.20 of the criminal procedure law, subparagraph (xx) as 25 amended and subparagraph (xxi) as added by section 4 of subpart C of 26 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 27 agraph (xxii) is added to read as follows: 28 (xx) any felony or class A misdemeanor involving harm to an identifi- 29 able person or property, or any charge of criminal possession of a 30 firearm as defined in section 265.01-b of the penal law where such 31 charge arose from conduct occurring while the defendant was released on 32 [his or her] their own recognizance, released under conditions, or had 33 yet to be arraigned after the issuance of a desk appearance ticket for a 34 separate felony or class A misdemeanor involving harm to an identifiable 35 person or property, provided, however, that the prosecutor must show 36 reasonable cause to believe that the defendant committed the instant 37 crime and any underlying crime. For the purposes of this subparagraph, 38 any of the underlying crimes need not be a qualifying offense as defined 39 in this subdivision. For the purposes of this paragraph, "harm to an 40 identifiable person or property" shall include but not be limited to 41 theft of or damage to property. However, based upon a review of the 42 facts alleged in the accusatory instrument, if the court determines that 43 such theft is negligible and does not appear to be in furtherance of 44 other criminal activity, the principal shall be released on [his or her] 45 their own recognizance or under appropriate non-monetary conditions; 46 [or] 47 (xxi) criminal possession of a weapon in the third degree as defined 48 in subdivision three of section 265.02 of the penal law or criminal sale 49 of a firearm to a minor as defined in section 265.16 of the penal 50 law[.]; or 51 (xxii) notwithstanding any provision of this subdivision to the 52 contrary, any offense defined in article two hundred twenty of the penal 53 law, where such offense involves the sale or possession with intent to 54 sell of a controlled substance or a synthetic opioid, including but not 55 limited to fentanyl, fentanyl analogues, nitazene, and nitazene 56 analogues. 
 S. 7126 3 1 § 5. Paragraph (d) of subdivision 4 of section 530.40 of the criminal 2 procedure law, as amended by section 4 of part UU of chapter 56 of the 3 laws of 2020, is amended to read as follows: 4 (d) a class A felony defined in the penal law[, provided that for 5 class A felonies under article two hundred twenty of such law, only 6 class A-I felonies shall be a qualifying offense]; 7 § 6. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 8 criminal procedure law, paragraph (t) as amended and paragraph (u) as 9 added by section 4 of subpart B of part UU of chapter 56 of the laws of 10 2022, are amended and a new paragraph (v) is added to read as follows: 11 (t) any felony or class A misdemeanor involving harm to an identifi- 12 able person or property, or any charge of criminal possession of a 13 firearm as defined in section 265.01-b of the penal law, where such 14 charge arose from conduct occurring while the defendant was released on 15 [his or her] their own recognizance, released under conditions, or had 16 yet to be arraigned after the issuance of a desk appearance ticket for a 17 separate felony or class A misdemeanor involving harm to an identifiable 18 person or property, or any charge of criminal possession of a firearm as 19 defined in section 265.01-b of the penal law, provided, however, that 20 the prosecutor must show reasonable cause to believe that the defendant 21 committed the instant crime and any underlying crime. For the purposes 22 of this [subparagraph] paragraph, any of the underlying crimes need not 23 be a qualifying offense as defined in this subdivision. For the purposes 24 of this paragraph, "harm to an identifiable person or property" shall 25 include but not be limited to theft of or damage to property. However, 26 based upon a review of the facts alleged in the accusatory instrument, 27 if the court determines that such theft is negligible and does not 28 appear to be in furtherance of other criminal activity, the principal 29 shall be released on [his or her] their own recognizance or under appro- 30 priate non-monetary conditions; [or] 31 (u) criminal possession of a weapon in the third degree as defined in 32 subdivision three of section 265.02 of the penal law or criminal sale of 33 a firearm to a minor as defined in section 265.16 of the penal law[.]; 34 or 35 (v) notwithstanding any provision of this subdivision to the contrary, 36 any offense defined in article two hundred twenty of the penal law, 37 where such offense involves the sale or possession with intent to sell 38 of a controlled substance or a synthetic opioid, including but not 39 limited to fentanyl, fentanyl analogues, nitazene, and nitazene 40 analogues. 41 § 7. This act shall take effect immediately.