Bill Text: NY S07715 | 2023-2024 | General Assembly | Amended
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 2-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S07715 Detail]
Download: New_York-2023-S07715-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7715--A 2023-2024 Regular Sessions IN SENATE October 18, 2023 ___________ Introduced by Sens. COONEY, MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13447-02-3S. 7715--A 2 1 released on his or her own recognizance or under appropriate non-mone- 2 tary conditions; [or] 3 (u) criminal possession of a weapon in the third degree as defined in 4 subdivision three of section 265.02 of the penal law or criminal sale of 5 a firearm to a minor as defined in section 265.16 of the penal law[.]; 6 (v) criminal possession of stolen property in the fourth degree as 7 defined in section 165.45 of the penal law, criminal possession of 8 stolen property in the third degree as defined in section 165.50 of the 9 penal law, criminal possession of stolen property in the second degree 10 as defined in section 165.52 of the penal law, or criminal possession of 11 stolen property in the first degree as defined in section 165.54 of the 12 penal law; or 13 (w) grand larceny in the fourth degree as defined in section 155.30 of 14 the penal law, grand larceny in the third degree as defined in section 15 155.35 of the penal law, or grand larceny in the second degree as 16 defined in section 155.40 of the penal law. 17 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 18 section 530.20 of the criminal procedure law, subparagraph (xx) as 19 amended and subparagraph (xxi) as added by section 4 of subpart C of 20 part UU of chapter 56 of the laws of 2022, are amended and two new 21 subparagraphs (xxii) and (xxiii) are added to read as follows: 22 (xx) any felony or class A misdemeanor involving harm to an identifi- 23 able person or property, or any charge of criminal possession of a 24 firearm as defined in section 265.01-b of the penal law where such 25 charge arose from conduct occurring while the defendant was released on 26 his or her own recognizance, released under conditions, or had yet to be 27 arraigned after the issuance of a desk appearance ticket for a separate 28 felony or class A misdemeanor involving harm to an identifiable person 29 or property, provided, however, that the prosecutor must show reasonable 30 cause to believe that the defendant committed the instant crime and any 31 underlying crime. For the purposes of this subparagraph, any of the 32 underlying crimes need not be a qualifying offense as defined in this 33 subdivision. For the purposes of this paragraph, "harm to an identifi- 34 able person or property" shall include but not be limited to theft of or 35 damage to property. However, based upon a review of the facts alleged in 36 the accusatory instrument, if the court determines that such theft is 37 negligible and does not appear to be in furtherance of other criminal 38 activity, the principal shall be released on his or her own recognizance 39 or under appropriate non-monetary conditions; [or] 40 (xxi) criminal possession of a weapon in the third degree as defined 41 in subdivision three of section 265.02 of the penal law or criminal sale 42 of a firearm to a minor as defined in section 265.16 of the penal 43 law[.]; 44 (xxii) criminal possession of stolen property in the fourth degree as 45 defined in section 165.45 of the penal law, criminal possession of 46 stolen property in the third degree as defined in section 165.50 of the 47 penal law, criminal possession of stolen property in the second degree 48 as defined in section 165.52 of the penal law, or criminal possession of 49 stolen property in the first degree as defined in section 165.54 of the 50 penal law; or 51 (xxiii) grand larceny in the fourth degree as defined in section 52 155.30 of the penal law, grand larceny in the third degree as defined in 53 section 155.35 of the penal law, or grand larceny in the second degree 54 as defined in section 155.40 of the penal law. 55 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 56 criminal procedure law, paragraph (t) as amended and paragraph (u) asS. 7715--A 3 1 added by section 4 of subpart B of part UU of chapter 56 of the laws of 2 2022, are amended and two new paragraphs (v) and (w) are added to read 3 as follows: 4 (t) any felony or class A misdemeanor involving harm to an identifi- 5 able person or property, or any charge of criminal possession of a 6 firearm as defined in section 265.01-b of the penal law, where such 7 charge arose from conduct occurring while the defendant was released on 8 his or her own recognizance, released under conditions, or had yet to be 9 arraigned after the issuance of a desk appearance ticket for a separate 10 felony or class A misdemeanor involving harm to an identifiable person 11 or property, or any charge of criminal possession of a firearm as 12 defined in section 265.01-b of the penal law, provided, however, that 13 the prosecutor must show reasonable cause to believe that the defendant 14 committed the instant crime and any underlying crime. For the purposes 15 of this subparagraph, any of the underlying crimes need not be a quali- 16 fying offense as defined in this subdivision. For the purposes of this 17 paragraph, "harm to an identifiable person or property" shall include 18 but not be limited to theft of or damage to property. However, based 19 upon a review of the facts alleged in the accusatory instrument, if the 20 court determines that such theft is negligible and does not appear to be 21 in furtherance of other criminal activity, the principal shall be 22 released on his or her own recognizance or under appropriate non-mone- 23 tary conditions; [or] 24 (u) criminal possession of a weapon in the third degree as defined in 25 subdivision three of section 265.02 of the penal law or criminal sale of 26 a firearm to a minor as defined in section 265.16 of the penal law[.]; 27 (v) criminal possession of stolen property in the fourth degree as 28 defined in section 165.45 of the penal law, criminal possession of 29 stolen property in the third degree as defined in section 165.50 of the 30 penal law, criminal possession of stolen property in the second degree 31 as defined in section 165.52 of the penal law, or criminal possession of 32 stolen property in the first degree as defined in section 165.54 of the 33 penal law; or 34 (w) grand larceny in the fourth degree as defined in section 155.30 of 35 the penal law, grand larceny in the third degree as defined in section 36 155.35 of the penal law, or grand larceny in the second degree as 37 defined in section 155.40 of the penal law. 38 § 4. This act shall take effect on the ninetieth day after it shall 39 have become a law.