New York A 4151: Mandates pre-trial detention of a principal who stands charged with criminal possession of a controlled substance with intent to sell

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A04151 Summary:

BILL NOA04151 

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SAME ASNo Same As

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SPONSORGray (MS)

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COSPNSR

&nbsp

MLTSPNSRBrown K, Lemondes, McDonough, Palmesano

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Add §510.25, CP L

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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.

Go to top A04151 Actions:

BILL NOA04151 

&nbsp

01/31/2025referred to codes

01/07/2026referred to codes

Go to topA04151 Committee&nbspVotes:

Go to topA04151 Floor&nbspVotes:

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

Go to topA04151 Text:

 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.

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