Bill Text: NY A08855 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes the court where there is criminal possession of stolen property to, in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or order non-monetary conditions in conjunction with fixing bail, or, where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff; makes related provisions.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-18 - referred to codes [A08855 Detail]
Download: New_York-2023-A08855-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8855 IN ASSEMBLY January 18, 2024 ___________ Introduced by M. of A. STIRPE, BERGER -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to criminal possession of stolen property The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (t) as amended and paragraph 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the 4 laws of 2022, are amended and two new paragraphs (v) and (w) are added 5 to read as follows: 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law, where such 9 charge arose from conduct occurring while the defendant was released on 10 his or her own recognizance, released under conditions, or had yet to be 11 arraigned after the issuance of a desk appearance ticket for a separate 12 felony or class A misdemeanor involving harm to an identifiable person 13 or property, or any charge of criminal possession of a firearm as 14 defined in section 265.01-b of the penal law, provided, however, that 15 the prosecutor must show reasonable cause to believe that the defendant 16 committed the instant crime and any underlying crime. For the purposes 17 of this subparagraph, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this 19 paragraph, "harm to an identifiable person or property" shall include 20 but not be limited to theft of or damage to property. However, based 21 upon a review of the facts alleged in the accusatory instrument, if the 22 court determines that such theft is negligible and does not appear to be 23 in furtherance of other criminal activity, the principal shall be 24 released on his or her own recognizance or under appropriate non-mone- 25 tary conditions; [or] 26 (u) criminal possession of a weapon in the third degree as defined in 27 subdivision three of section 265.02 of the penal law or criminal sale of 28 a firearm to a minor as defined in section 265.16 of the penal law[.]; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13447-03-3A. 8855 2 1 (v) criminal possession of stolen property in the fourth degree as 2 defined in section 165.45 of the penal law, criminal possession of 3 stolen property in the third degree as defined in section 165.50 of the 4 penal law, criminal possession of stolen property in the second degree 5 as defined in section 165.52 of the penal law, or criminal possession of 6 stolen property in the first degree as defined in section 165.54 of the 7 penal law; or 8 (w) grand larceny in the fourth degree as defined in section 155.30 of 9 the penal law, grand larceny in the third degree as defined in section 10 155.35 of the penal law, or grand larceny in the second degree as 11 defined in section 155.40 of the penal law. 12 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 13 section 530.20 of the criminal procedure law, subparagraph (xx) as 14 amended and subparagraph (xxi) as added by section 4 of subpart C of 15 part UU of chapter 56 of the laws of 2022, are amended and two new 16 subparagraphs (xxii) and (xxiii) are added to read as follows: 17 (xx) any felony or class A misdemeanor involving harm to an identifi- 18 able person or property, or any charge of criminal possession of a 19 firearm as defined in section 265.01-b of the penal law where such 20 charge arose from conduct occurring while the defendant was released on 21 his or her own recognizance, released under conditions, or had yet to be 22 arraigned after the issuance of a desk appearance ticket for a separate 23 felony or class A misdemeanor involving harm to an identifiable person 24 or property, provided, however, that the prosecutor must show reasonable 25 cause to believe that the defendant committed the instant crime and any 26 underlying crime. For the purposes of this subparagraph, any of the 27 underlying crimes need not be a qualifying offense as defined in this 28 subdivision. For the purposes of this paragraph, "harm to an identifi- 29 able person or property" shall include but not be limited to theft of or 30 damage to property. However, based upon a review of the facts alleged in 31 the accusatory instrument, if the court determines that such theft is 32 negligible and does not appear to be in furtherance of other criminal 33 activity, the principal shall be released on his or her own recognizance 34 or under appropriate non-monetary conditions; [or] 35 (xxi) criminal possession of a weapon in the third degree as defined 36 in subdivision three of section 265.02 of the penal law or criminal sale 37 of a firearm to a minor as defined in section 265.16 of the penal 38 law[.]; 39 (xxii) criminal possession of stolen property in the fourth degree as 40 defined in section 165.45 of the penal law, criminal possession of 41 stolen property in the third degree as defined in section 165.50 of the 42 penal law, criminal possession of stolen property in the second degree 43 as defined in section 165.52 of the penal law, or criminal possession of 44 stolen property in the first degree as defined in section 165.54 of the 45 penal law; or 46 (xxiii) grand larceny in the fourth degree as defined in section 47 155.30 of the penal law, grand larceny in the third degree as defined in 48 section 155.35 of the penal law, or grand larceny in the second degree 49 as defined in section 155.40 of the penal law. 50 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 51 criminal procedure law, paragraph (t) as amended and paragraph (u) as 52 added by section 4 of subpart B of part UU of chapter 56 of the laws of 53 2022, are amended and two new paragraphs (v) and (w) are added to read 54 as follows: 55 (t) any felony or class A misdemeanor involving harm to an identifi- 56 able person or property, or any charge of criminal possession of aA. 8855 3 1 firearm as defined in section 265.01-b of the penal law, where such 2 charge arose from conduct occurring while the defendant was released on 3 his or her own recognizance, released under conditions, or had yet to be 4 arraigned after the issuance of a desk appearance ticket for a separate 5 felony or class A misdemeanor involving harm to an identifiable person 6 or property, or any charge of criminal possession of a firearm as 7 defined in section 265.01-b of the penal law, provided, however, that 8 the prosecutor must show reasonable cause to believe that the defendant 9 committed the instant crime and any underlying crime. For the purposes 10 of this subparagraph, any of the underlying crimes need not be a quali- 11 fying offense as defined in this subdivision. For the purposes of this 12 paragraph, "harm to an identifiable person or property" shall include 13 but not be limited to theft of or damage to property. However, based 14 upon a review of the facts alleged in the accusatory instrument, if the 15 court determines that such theft is negligible and does not appear to be 16 in furtherance of other criminal activity, the principal shall be 17 released on his or her own recognizance or under appropriate non-mone- 18 tary conditions; [or] 19 (u) criminal possession of a weapon in the third degree as defined in 20 subdivision three of section 265.02 of the penal law or criminal sale of 21 a firearm to a minor as defined in section 265.16 of the penal law[.]; 22 (v) criminal possession of stolen property in the fourth degree as 23 defined in section 165.45 of the penal law, criminal possession of 24 stolen property in the third degree as defined in section 165.50 of the 25 penal law, criminal possession of stolen property in the second degree 26 as defined in section 165.52 of the penal law, or criminal possession of 27 stolen property in the first degree as defined in section 165.54 of the 28 penal law; or 29 (w) grand larceny in the fourth degree as defined in section 155.30 of 30 the penal law, grand larceny in the third degree as defined in section 31 155.35 of the penal law, or grand larceny in the second degree as 32 defined in section 155.40 of the penal law. 33 § 4. This act shall take effect on the ninetieth day after it shall 34 have become a law.