S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8932
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 16, 2025
                                ___________
 
 Introduced  by M. of A. BEEPHAN -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to establishing  the  offense
   of  aggravated reckless endangerment; and to amend the criminal proce-
   dure law, in relation to including aggravated reckless endangerment as
   a qualified offense the court must consider and take into account  for
   securing an order
 
   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 120.26  to
 read as follows:
 § 120.26 AGGRAVATED RECKLESS ENDANGERMENT.
   A  PERSON  IS  GUILTY  OF  AGGRAVATED  RECKLESS ENDANGERMENT WHEN SUCH
 PERSON KNOWINGLY POSSESSES FENTANYL OR A FENTANYL DERIVATIVE  AND  RECK-
 LESSLY  EXPOSES  A  FIRST  RESPONDER,  CORRECTION OFFICER, EMPLOYEE OF A
 CORRECTIONAL FACILITY OR ACTIVE DUTY MILITARY PERSONNEL TO SUCH FENTANYL
 OR FENTANYL DERIVATIVE IN A MANNER THAT IS LIKELY TO RESULT  IN  ILLNESS
 OR  INJURY  TO  SUCH  FIRST RESPONDER, CORRECTION OFFICER, EMPLOYEE OF A
 CORRECTIONAL FACILITY OR ACTIVE DUTY MILITARY PERSONNEL.
   AGGRAVATED RECKLESS ENDANGERMENT IS A CLASS C 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]  THE  DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  ticket for a separate felony or class A misdemeanor involving harm
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01593-04-5
              

 A. 8932                             2
 
 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 underly-
 ing crime. For the purposes of this [subparagraph] PARAGRAPH, 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]  THE  PRINCI-
 PAL'S  own  recognizance  or  under appropriate non-monetary 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) AGGRAVATED RECKLESS ENDANGERMENT AS DEFINED IN SECTION  120.26  OF
 THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20 of the criminal procedure law, paragraph (xx) as amended
 and paragraph (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 paragraph (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] THE DEFENDANT'S own  recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 [paragraph] SUBPARAGRAPH, "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] THE PRINCIPAL'S own recogni-
 zance 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)  AGGRAVATED  RECKLESS ENDANGERMENT AS DEFINED IN SECTION 120.26
 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
 A. 8932                             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]  THE  DEFENDANT'S own recognizance, released under condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 ance 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 underly-
 ing crime. For the purposes of this [subparagraph] PARAGRAPH, 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]  THE  PRINCI-
 PAL'S  own  recognizance  or  under appropriate non-monetary 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) AGGRAVATED RECKLESS ENDANGERMENT AS DEFINED IN SECTION  120.26  OF
 THE PENAL LAW.
   § 5. This act shall take effect immediately.