Senate Bill S8831

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8831
 
                             I N  S E N A T E
 
                              March 19, 2024
                                ___________
 
 Introduced  by  Sen. PALUMBO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   coordinated  petit larceny, the criminal procedure law, in relation to
   permitting a principal to be eligible to be held on bail  for  coordi-
   nated  petit  larceny; the executive law, in relation to directing the
   division of criminal justice services to conduct  a  public  awareness
   campaign   on  larceny;  and  providing  for  the  repeal  of  certain
   provisions of the executive law upon expiration thereof
 
   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 155.27 to
 read as follows:
 § 155.27 COORDINATED PETIT LARCENY.
   A PERSON IS GUILTY OF COORDINATED PETIT LARCENY WHEN HE OR SHE  STEALS
 PROPERTY  AT THE SAME LOCATION AS ONE OR MORE OTHER PERSONS WHO ARE ALSO
 STEALING PROPERTY, WHO ARE CAUSING PROPERTY DAMAGE, OR ARE  FACILITATING
 THE STEALING OF PROPERTY OR CAUSING OF PROPERTY DAMAGE.
   COORDINATED PETIT LARCENY IS A CLASS E 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 a new paragraph (v) is 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13864-01-3
 S. 8831                             2
 
 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[.];
 OR
   (V)  COORDINATED  PETIT  LARCENY  AS  DEFINED IN SECTION 155.27 OF THE
 PENAL LAW.
   § 3. 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 a new subpar-
 agraph (xxii) is 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[.]; OR
   (XXII) COORDINATED PETIT LARCENY AS DEFINED IN SECTION 155.27  OF  THE
 PENAL LAW.
   §  4. 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 a new paragraph (v) is 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
 S. 8831                             3
 
 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[.];
 OR
   (V) COORDINATED PETIT LARCENY AS DEFINED  IN  SECTION  155.27  OF  THE
 PENAL LAW.
   §  5.  The  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. LARCENY PUBLIC AWARENESS  CAMPAIGN.  1.  THE  DIVISION  SHALL
 PRODUCE  A  PUBLIC  AWARENESS CAMPAIGN ON LARCENY.   SUCH CAMPAIGN SHALL
 INCLUDE, BUT NOT BE LIMITED TO,  INFORMING  THE  PUBLIC  ON  COORDINATED
 PETIT LARCENY AS DEFINED IN SECTION 155.27 OF THE PENAL LAW.
   2.  THE  PUBLIC  AWARENESS  CAMPAIGN PRODUCED UNDER SUBDIVISION ONE OF
 THIS SECTION SHALL RUN FOR AT LEAST ONE YEAR AND SHALL BEGIN WITHIN  ONE
 YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   §  6.  This  act  shall  take  effect  immediately; provided, however,
 sections one, two, three, and four of this act shall take effect on  the
 ninetieth  day after they shall have become a law; and provided further,
 however, that section five of  this  act  shall  expire  and  be  deemed
 repealed two years after it shall have become a law.