Bill Text: NY S07675 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes the offense of aggravated reckless endangerment; includes aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order.
Spectrum: Partisan Bill (Republican 16-0)
Status: (Introduced - Dead) 2024-05-08 - REPORTED AND COMMITTED TO CRIME VICTIMS, CRIME AND CORRECTION [S07675 Detail]
Download: New_York-2023-S07675-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7675 2023-2024 Regular Sessions IN SENATE September 29, 2023 ___________ Introduced by Sen. ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to establishing the offense of aggravated reckless endangerment; and to amend the criminal proce- dure law, in relation to including aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 120.26 to 2 read as follows: 3 § 120.26 Aggravated reckless endangerment. 4 A person is guilty of aggravated reckless endangerment when such 5 person knowingly possesses fentanyl or a fentanyl derivative and reck- 6 lessly exposes a first responder or correction officer to such fentanyl 7 or fentanyl derivative in a manner that is likely to result in illness 8 or injury to such first responder or correction officer. 9 Aggravated reckless endangerment is a class C felony. 10 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 11 criminal procedure law, paragraph (t) as amended and paragraph (u) as 12 added by section 2 of subpart B of part UU of chapter 56 of the laws of 13 2022, are amended and a new paragraph (v) is added to read as follows: 14 (t) any felony or class A misdemeanor involving harm to an identifi- 15 able person or property, or any charge of criminal possession of a 16 firearm as defined in section 265.01-b of the penal law, where such 17 charge arose from conduct occurring while the defendant was released on 18 his or her own recognizance, released under conditions, or had yet to be 19 arraigned after the issuance of a desk appearance ticket for a separate 20 felony or class A misdemeanor involving harm to an identifiable person 21 or property, or any charge of criminal possession of a firearm as 22 defined in section 265.01-b of the penal law, provided, however, that EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13268-01-3S. 7675 2 1 the prosecutor must show reasonable cause to believe that the defendant 2 committed the instant crime and any underlying crime. For the purposes 3 of this subparagraph, any of the underlying crimes need not be a quali- 4 fying offense as defined in this subdivision. For the purposes of this 5 paragraph, "harm to an identifiable person or property" shall include 6 but not be limited to theft of or damage to property. However, based 7 upon a review of the facts alleged in the accusatory instrument, if the 8 court determines that such theft is negligible and does not appear to be 9 in furtherance of other criminal activity, the principal shall be 10 released on his or her own recognizance or under appropriate non-mone- 11 tary conditions; [or] 12 (u) criminal possession of a weapon in the third degree as defined in 13 subdivision three of section 265.02 of the penal law or criminal sale of 14 a firearm to a minor as defined in section 265.16 of the penal law[.]; 15 or 16 (v) aggravated reckless endangerment as defined in section 120.26 of 17 the penal law. 18 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 19 section 530.20 of the criminal procedure law, paragraph (xx) as amended 20 and paragraph (xxi) as added by section 4 of subpart C of part UU of 21 chapter 56 of the laws of 2022, are amended and a new paragraph (xxii) 22 is added to read as follows: 23 (xx) any felony or class A misdemeanor involving harm to an identifi- 24 able person or property, or any charge of criminal possession of a 25 firearm as defined in section 265.01-b of the penal law where such 26 charge arose from conduct occurring while the defendant was released on 27 his or her own recognizance, released under conditions, or had yet to be 28 arraigned after the issuance of a desk appearance ticket for a separate 29 felony or class A misdemeanor involving harm to an identifiable person 30 or property, provided, however, that the prosecutor must show reasonable 31 cause to believe that the defendant committed the instant crime and any 32 underlying crime. For the purposes of this subparagraph, any of the 33 underlying crimes need not be a qualifying offense as defined in this 34 subdivision. For the purposes of this paragraph, "harm to an identifi- 35 able person or property" shall include but not be limited to theft of or 36 damage to property. However, based upon a review of the facts alleged in 37 the accusatory instrument, if the court determines that such theft is 38 negligible and does not appear to be in furtherance of other criminal 39 activity, the principal shall be released on his or her own recognizance 40 or under appropriate non-monetary conditions; [or] 41 (xxi) criminal possession of a weapon in the third degree as defined 42 in subdivision three of section 265.02 of the penal law or criminal sale 43 of a firearm to a minor as defined in section 265.16 of the penal 44 law[.]; or 45 (xxii) aggravated reckless endangerment as defined in section 120.26 46 of the penal law. 47 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 48 criminal procedure law, paragraph (t) as amended and paragraph (u) as 49 added by section 4 of subpart B of part UU of chapter 56 of the laws of 50 2022, are amended and a new paragraph (v) is added to read as follows: 51 (t) any felony or class A misdemeanor involving harm to an identifi- 52 able person or property, or any charge of criminal possession of a 53 firearm as defined in section 265.01-b of the penal law, where such 54 charge arose from conduct occurring while the defendant was released on 55 his or her own recognizance, released under conditions, or had yet to be 56 arraigned after the issuance of a desk appearance ticket for a separateS. 7675 3 1 felony or class A misdemeanor involving harm to an identifiable person 2 or property, or any charge of criminal possession of a firearm as 3 defined in section 265.01-b of the penal law, provided, however, that 4 the prosecutor must show reasonable cause to believe that the defendant 5 committed the instant crime and any underlying crime. For the purposes 6 of this subparagraph, any of the underlying crimes need not be a quali- 7 fying offense as defined in this subdivision. For the purposes of this 8 paragraph, "harm to an identifiable person or property" shall include 9 but not be limited to theft of or damage to property. However, based 10 upon a review of the facts alleged in the accusatory instrument, if the 11 court determines that such theft is negligible and does not appear to be 12 in furtherance of other criminal activity, the principal shall be 13 released on his or her own recognizance or under appropriate non-mone- 14 tary conditions; [or] 15 (u) criminal possession of a weapon in the third degree as defined in 16 subdivision three of section 265.02 of the penal law or criminal sale of 17 a firearm to a minor as defined in section 265.16 of the penal law[.]; 18 or 19 (v) aggravated reckless endangerment as defined in section 120.26 of 20 the penal law. 21 § 5. This act shall take effect immediately.
