Bill Text: NY S07715 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7715 2023-2024 Regular Sessions IN SENATE October 18, 2023 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 a new paragraph (v) is added to read as 5 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] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13447-01-3S. 7715 2 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law[.]; 4 or 5 (v) criminal possession of stolen property in the fourth degree as 6 defined in section 165.45 of the penal law, criminal possession of 7 stolen property in the third degree as defined in section 165.50 of the 8 penal law, criminal possession of stolen property in the second degree 9 as defined in section 165.52 of the penal law, or criminal possession of 10 stolen property in the first degree as defined in section 165.54 of the 11 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 a new subpar- 16 agraph (xxii) is 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[.]; or 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. 46 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 47 criminal procedure law, paragraph (t) as amended and paragraph (u) as 48 added by section 4 of subpart B of part UU of chapter 56 of the laws of 49 2022, are amended and a new paragraph (v) is added to read as follows: 50 (t) any felony or class A misdemeanor involving harm to an identifi- 51 able person or property, or any charge of criminal possession of a 52 firearm as defined in section 265.01-b of the penal law, where such 53 charge arose from conduct occurring while the defendant was released on 54 his or her own recognizance, released under conditions, or had yet to be 55 arraigned after the issuance of a desk appearance ticket for a separate 56 felony or class A misdemeanor involving harm to an identifiable personS. 7715 3 1 or property, or any charge of criminal possession of a firearm as 2 defined in section 265.01-b of the penal law, provided, however, that 3 the prosecutor must show reasonable cause to believe that the defendant 4 committed the instant crime and any underlying crime. For the purposes 5 of this subparagraph, any of the underlying crimes need not be a quali- 6 fying offense as defined in this subdivision. For the purposes of this 7 paragraph, "harm to an identifiable person or property" shall include 8 but not be limited to theft of or damage to property. However, based 9 upon a review of the facts alleged in the accusatory instrument, if the 10 court determines that such theft is negligible and does not appear to be 11 in furtherance of other criminal activity, the principal shall be 12 released on his or her own recognizance or under appropriate non-mone- 13 tary conditions; [or] 14 (u) criminal possession of a weapon in the third degree as defined in 15 subdivision three of section 265.02 of the penal law or criminal sale of 16 a firearm to a minor as defined in section 265.16 of the penal law[.]; 17 or 18 (v) criminal possession of stolen property in the fourth degree as 19 defined in section 165.45 of the penal law, criminal possession of 20 stolen property in the third degree as defined in section 165.50 of the 21 penal law, criminal possession of stolen property in the second degree 22 as defined in section 165.52 of the penal law, or criminal possession of 23 stolen property in the first degree as defined in section 165.54 of the 24 penal law. 25 § 4. This act shall take effect on the ninetieth day after it shall 26 have become a law.
