New York S 7126: Relates to bail for certain offenses involving the sale or possession with intent to sell of a controlled substance or a synthetic opioid

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S07126 Summary:

BILL NOS07126 

&nbsp

SAME ASSAME AS A07006

&nbsp

SPONSOROBERACKER

&nbsp

COSPNSRRHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

&nbsp

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.

Go to top S07126 Actions:

BILL NOS07126 

&nbsp

04/01/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS07126 Committee&nbspVotes:

Go to topS07126 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07126 Text:

 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 f