Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.
Summary
This bill amends the criminal procedure law to expand the list of offenses that may be considered when a court is deciding whether to issue an order of recognizance, release under non-monetary conditions, or bail. Specifically, it adds certain charges of criminal possession of a weapon in the third degree under Penal Law section 265.02, subdivision two or three, to the existing qualifying offenses list. It also continues to include criminal sale of a firearm to a minor as a qualifying offense.
In practical terms, the bill would give judges explicit authority to consider these weapon-possession charges at the pretrial release stage, rather than leaving them outside the enumerated offenses. The measure takes effect immediately upon enactment and would apply within the framework of New York’s bail and pretrial release statutes.
Impact
The bill would amend Criminal Procedure Law section 530.40, which governs when a court may order recognizance, non-monetary conditions, or bail for certain offenses. By adding specified third-degree weapon possession charges as qualifying offenses, it would broaden the set of cases in which pretrial detention or monetary bail may be considered. The change affects defendants charged under Penal Law section 265.02 subdivisions two and three, as well as the operation of judicial discretion in pretrial release decisions.
Sentiment
No committee transcript or vote record is provided, so there is no direct evidence of debate, support, or opposition in the available materials. Based on the bill text alone, the measure appears to reflect a public-safety-oriented approach to pretrial release for firearm-related offenses. The absence of recorded votes or discussion prevents a reliable assessment of broader legislative sentiment.
Contention
The main point of potential contention is whether certain third-degree weapon possession charges should be treated like other qualifying offenses for bail and recognizance purposes. Supporters would likely argue that firearm-related conduct warrants greater judicial discretion to impose bail or detention, while opponents may view the bill as expanding pretrial incarceration and limiting release options for defendants who are not yet convicted. Because no transcripts or votes are included, no specific legislators, committees, or advocacy positions can be identified from the record provided.
Same As
Includes certain charges of criminal possession of a weapon in the third degree as a qualifying offense for consideration of an order of recognizance, release under non-monetary conditions or bail.