What's happening
This bill expands qualifying offenses for pre-trial detention to include all class A felonies under New York penal law.
Why it matters
Broader Scope for Pre-Trial Detention. By including all class A felonies (removing previous exceptions for most drug-related offenses), this bill allows judges to consider pre-trial detention for a much wider range of serious crimes, not just violent felonies.
Potential Impact on Bail Reform Goals. The change could roll back aspects of recent bail reform efforts, meaning more people—especially those accused of serious drug offenses—could be held in jail before trial, even if they are not deemed a flight risk or danger.
Equity and Criminal Justice Concerns. Expanding pre-trial detention eligibility raises concerns about disproportionately impacting marginalized communities, as class A drug felonies have historically affected these groups more heavily.
Public Safety vs. Presumption of Innocence. The bill highlights an ongoing debate between prioritizing public safety and upholding the presumption of innocence, as increased pre-trial detention can lead to negative consequences for defendants who have not been convicted.
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Who cares
Headline styles
Expand Pre-Trial Detention Offenses
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5454
2019-2020 Regular Sessions
IN SENATE
May 1, 2019
Introduced by Sen. LANZA -- 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 qualifying offenses for pre-trial detention
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 4 of section 510.10 of the criminal procedure law, as added by section 2 of part JJJ of chapter 59 of the laws of 2019, is amended to read as follows:
(d) a class A felony defined in the penal law[, other than in article two hundred twenty of such law with the exception of section 220.77 of such law];
§ 2. This act shall take effect on the same date and in the same manner as section 2 of part JJJ of chapter 59 of the laws of 2019, takes effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11286-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to qualifying offenses for pre-trial detention
Purpose or general idea of bill
This act would add A level drug offenses under article two hundred twen- ty of the penal law to the definition of "qualifying offense" which were exempted under the bail reform sections of part JJJ of chapter 59 of the laws of 2019 also known as the Revenue bill of the Financial Year 2020 Enacted Budget.
Summary of provisions
Section 1 amends Paragraph D of section 510.10 of the criminal procedure law, as added by section 2 of part JJJ of chapter 59 of the laws of 2019. Section 2 provides that this act shall take effect on the same date and in the same manner as section 2 of part JJJ of chapter 59 of the laws of 2019, take effect.
Difference between original and amended version (if applicable)
N/A
Justification
Bail reform provisions were inserted into the recently enacted state budget. Now that the public has had the opportunity to review these provisions there have been concerns raised that the mandatory pretrial release of those charged with most A level felony drug offenses will hamper a prosecutor's ability to build narcotics cases against major drug kingpins. In particular, the following offenses require mandatory pretrial release under the enacted law: Criminal possession of a controlled substance in the second degree (A-II felony), Criminal possession of a controlled substance in the first degree (A-I felony), Criminal sale of a controlled substance in the second degree (A-II felo- ny) and Criminal sale of a controlled substance in the first degree (A-I felony). Recently, New York City's Special Narcotics Prosecutor stated that the only crime for which bail will remain available, "Operating as a Major Trafficker" is rarely charged. During the past five years her office has been involved in prosecutions netting nearly four tons of narcotics (heroin fentanyl and cocaine). The Special Narcotics Prosecu- tor has charged fewer than two dozen defendants in connection with those prosecutions, but instead filed other A felony charges. Publicly avail- able reports from the Division of Criminal Justice Services (2011-2016) indicate that "Operating as a Major Drug Trafficker" is charged in an average of 35 cases annually statewide. In contrast, more than 1,000 defendants in New York City alone have been charged with other A-1 level felony charges which were specifically excluded from this new statute. With New York State continuing to deal with an opioid epidemic which has killed thousands of New Yorkers per year this change further jeopardizes public safety by making it harder to go after those bringing large amounts of deadly drugs into our state and distributing them onto our streets.
Prior legislative history
New bill
Fiscal implications for state and local governments
There are no direct costs to the state or local governments. This act would result in these cases being treated as they were prior to the enactment of the bail reform statute which will not be effective until January 1, 2020.
Effective date
This act shall take effect on the same date and in the same manner as section 2 of part JJJ of chapter 59 of the laws of 2019, take effect.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.