S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8855
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Paragraphs (t) and (u) of subdivision 4 of  section  510.10
 of  the  criminal  procedure law, paragraph (t) as amended and paragraph
 (u) as added by section 2 of subpart B of part UU of chapter 56  of  the
 laws  of  2022, are amended and two new paragraphs (v) and (w) are added
 to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 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.
              

                                                            LBD13447-03-3
 A. 8855                             2
 
   (V) CRIMINAL POSSESSION OF STOLEN PROPERTY IN  THE  FOURTH  DEGREE  AS
 DEFINED  IN  SECTION  165.45  OF  THE  PENAL LAW, CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF  THE
 PENAL  LAW,  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN  PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF THE
 PENAL LAW; OR
   (W) GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30 OF
 THE PENAL LAW, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED  IN  SECTION
 155.35  OF  THE  PENAL  LAW,  OR  GRAND  LARCENY IN THE SECOND DEGREE AS
 DEFINED IN SECTION 155.40 OF THE PENAL LAW.
   § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
 amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
 part UU of chapter 56 of the laws of  2022,  are  amended  and  two  new
 subparagraphs (xxii) and (xxiii) are added to read as follows:
   (xx)  any felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b  of the penal law where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or property, provided, however, that the prosecutor must show reasonable
 cause  to believe that the defendant committed the instant crime and any
 underlying crime. For the purposes of  this  subparagraph,  any  of  the
 underlying  crimes  need  not be a qualifying offense as defined in this
 subdivision. For the purposes of this paragraph, "harm to  an  identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the  accusatory  instrument,  if the court determines that such theft is
 negligible and does not appear to be in furtherance  of  other  criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi)  criminal  possession of a weapon in the third degree as defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of a firearm to a minor as  defined  in  section  265.16  of  the  penal
 law[.];
   (XXII)  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE AS
 DEFINED IN SECTION 165.45 OF  THE  PENAL  LAW,  CRIMINAL  POSSESSION  OF
 STOLEN  PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF THE
 PENAL LAW, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE  SECOND  DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN  PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF THE
 PENAL LAW; OR
   (XXIII) GRAND LARCENY IN THE  FOURTH  DEGREE  AS  DEFINED  IN  SECTION
 155.30 OF THE PENAL LAW, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED IN
 SECTION  155.35  OF THE PENAL LAW, OR GRAND LARCENY IN THE SECOND DEGREE
 AS DEFINED IN SECTION 155.40 OF THE PENAL LAW.
   § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
 criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
 added by section 4 of subpart B of part UU of chapter 56 of the laws  of
 2022,  are  amended and two new paragraphs (v) and (w) are added to read
 as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 A. 8855                             3
 
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law[.];
   (V)  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FOURTH DEGREE AS
 DEFINED IN SECTION 165.45 OF  THE  PENAL  LAW,  CRIMINAL  POSSESSION  OF
 STOLEN  PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF THE
 PENAL LAW, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE  SECOND  DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN  PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF THE
 PENAL LAW; OR
   (W) GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30 OF
 THE PENAL LAW, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED  IN  SECTION
 155.35  OF  THE  PENAL  LAW,  OR  GRAND  LARCENY IN THE SECOND DEGREE AS
 DEFINED IN SECTION 155.40 OF THE PENAL LAW.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.