Senate Bill S8530

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8530
 
                             I N  S E N A T E
 
                             February 8, 2024
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation to establishing the crime of aggravated grand larceny
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 155.32  to
 read as follows:
 § 155.32 AGGRAVATED GRAND LARCENY.
   A  PERSON IS GUILTY OF AGGRAVATED GRAND LARCENY WHEN HE OR SHE COMMITS
 THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE IN VIOLATION OF SUBDIVI-
 SION EIGHT OF SECTION 155.30 OF THIS  ARTICLE  AND  HAS  BEEN  CONVICTED
 WITHIN  THE PREVIOUS FIVE YEARS OF GRAND LARCENY IN THE FOURTH DEGREE IN
 VIOLATION OF SUBDIVISION EIGHT OF SECTION 155.30 OF THIS ARTICLE.
   AGGRAVATED GRAND LARCENY IS A CLASS D FELONY.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14348-01-4
 S. 8530                             2
 
 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) GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION EIGHT
 OF SECTION 155.30 OF THE PENAL LAW WHERE SUCH CHARGE AROSE FROM  CONDUCT
 OCCURRING  WHILE  THE  DEFENDANT WAS RELEASED ON HIS OR HER OWN RECOGNI-
 ZANCE, RELEASED UNDER CONDITIONS, OR HAD YET TO BE ARRAIGNED  AFTER  THE
 ISSUANCE  OF  A DESK APPEARANCE TICKET FOR THE CRIME OF GRAND LARCENY IN
 THE FOURTH DEGREE AS DEFINED IN SUBDIVISION EIGHT OF SECTION  155.30  OF
 THE PENAL LAW; OR
   (W) AGGRAVATED GRAND LARCENY AS DEFINED IN SECTION 155.32 OF THE PENAL
 LAW.
   §  3.  Subparagraph  (xv) of paragraph (b) of subdivision 1 of section
 530.20 of the criminal procedure law, as amended by section 3 of part UU
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVI-
 SION EIGHT OF SECTION 155.30 OF THE PENAL LAW, AGGRAVATED GRAND  LARCENY
 AS  DEFINED IN SECTION 155.32 OF THE PENAL LAW, enterprise corruption as
 defined in section 460.20 of the penal law, or money laundering  in  the
 first degree as defined in section 470.20 of the penal law;
   §  4. Paragraph (o) of subdivision 4 of section 530.40 of the criminal
 procedure law, as added by section 4 of part UU of  chapter  56  of  the
 laws of 2020, is amended to read as follows:
   (o)  grand larceny in the first degree as defined in section 155.42 of
 the penal law, GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVI-
 SION EIGHT OF SECTION 155.30 OF THE PENAL LAW, AGGRAVATED GRAND  LARCENY
 AS  DEFINED IN SECTION 155.32 OF THE PENAL LAW, enterprise corruption as
 defined in section 460.20 of the penal law, or money laundering  in  the
 first degree as defined in section 470.20 of the penal law;
   §  5. Paragraph (d) of subdivision 1 of section 722.23 of the criminal
 procedure law, as added by section 1-a of part WWW of chapter 59 of  the
 laws of 2017, is amended to read as follows:
   (d)  The  court shall deny the motion to prevent removal of the action
 in youth part unless the court makes a determination upon such motion by
 the district attorney that [extraordinary]  ONE  OR  MORE  circumstances
 exist  that  should  prevent the transfer of the action to family court,
 INCLUDING, BUT NOT LIMITED TO, WHERE THE DEFENDANT IS CHARGED WITH GRAND
 LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION EIGHT OF  SECTION
 155.30  OF  THE  PENAL  LAW  OR  AGGRAVATED  GRAND LARCENY AS DEFINED IN
 SECTION 155.32 OF THE PENAL LAW.
   § 6. This act shall take effect immediately.