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A08855 Summary:

BILL NOA08855
 
SAME ASSAME AS S07715-A
 
SPONSORStirpe
 
COSPNSRWallace, Berger
 
MLTSPNSR
 
Amd §§510.10, 530.20 & 530.40, CP L
 
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.
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A08855 Actions:

BILL NOA08855
 
01/18/2024referred to codes
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A08855 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8855
 
SPONSOR: Stirpe
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to criminal possession of stolen property   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 510.10 of the criminal procedure law by adding the crimes of criminal possession of stolen property in the Fourth, Third, Second, and First, as well as grand larceny in the Fourth, Third, and Second to the list of qualifying offenses. Section 2 amends section 530.20 of the criminal procedure law to make corresponding changes. Section 3 amends section 530.40 of the criminal procedure law to make corresponding changes. Section 4 is the effective date.   JUSTIFICATION: Encouraged by social media trends, car thefts have been on the rise across New York State. Unfortunately, some areas of the state have been disproportionately impacted by these car thefts and break-ins, especial- ly for Hyundai and Kia models. As recognized by the Governor in a recent press conference, Western New York has been hardest hit. Monroe County has seen the highest increase of any county in the nation, with a 345 percent increase in car thefts in the first seven months of 2023, with. Erie County following at 213 percent. These two counties alone account for two-thirds of the car thefts in the state, outside of New York City. The City of Rochester was hit the hardest within Monroe County, experi- encing a staggering 829 percent increase, with the City of Buffalo at 488 percent. This bill, the Car Theft Prevention Act, adds the felony offenses of criminal possession of stolen property in the first through fourth degrees and grand larceny in the second through fourth degrees as quali- fying offenses that can trigger bail eligibility and consideration. This measure will equip local law enforcement and judges with an additional discretionary tool to address the pressing issue at hand.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
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A08855 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8855
 
                   IN ASSEMBLY
 
                                    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:
 
     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 two new paragraphs (v) and (w) are added
     5  to read as 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]
    26    (u)  criminal possession of a weapon in the third degree as defined in
    27  subdivision three of section 265.02 of the penal law or criminal sale of
    28  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
 
     1    (v) criminal possession of stolen property in  the  fourth  degree  as
     2  defined  in  section  165.45  of  the  penal law, criminal possession of
     3  stolen property in the third degree as defined in section 165.50 of  the
     4  penal  law,  criminal possession of stolen property in the second degree
     5  as defined in section 165.52 of the penal law, or criminal possession of
     6  stolen  property in the first degree as defined in section 165.54 of the
     7  penal law; or
     8    (w) grand larceny in the fourth degree as defined in section 155.30 of
     9  the penal law, grand larceny in the third degree as defined  in  section
    10  155.35  of  the  penal  law,  or  grand  larceny in the second degree as
    11  defined in section 155.40 of the 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  two  new
    16  subparagraphs (xxii) and (xxiii) are 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[.];
    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; or
    46    (xxiii) grand larceny in the  fourth  degree  as  defined  in  section
    47  155.30 of the penal law, grand larceny in the third degree as defined in
    48  section  155.35  of the penal law, or grand larceny in the second degree
    49  as defined in section 155.40 of the penal law.
    50    § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of  the
    51  criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
    52  added by section 4 of subpart B of part UU of chapter 56 of the laws  of
    53  2022,  are  amended and two new paragraphs (v) and (w) are added to read
    54  as follows:
    55    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    56  able  person  or  property,  or  any  charge of criminal possession of a

        A. 8855                             3
 
     1  firearm as defined in section 265.01-b of  the  penal  law,  where  such
     2  charge  arose from conduct occurring while the defendant was released on
     3  his or her own recognizance, released under conditions, or had yet to be
     4  arraigned  after the issuance of a desk appearance ticket for a separate
     5  felony or class A misdemeanor involving harm to an  identifiable  person
     6  or  property,  or  any  charge  of  criminal  possession of a firearm as
     7  defined in section 265.01-b of the penal law,  provided,  however,  that
     8  the  prosecutor must show reasonable cause to believe that the defendant
     9  committed the instant crime and any underlying crime. For  the  purposes
    10  of  this subparagraph, any of the underlying crimes need not be a quali-
    11  fying offense as defined in this subdivision. For the purposes  of  this
    12  paragraph,  "harm  to  an identifiable person or property" shall include
    13  but not be limited to theft of or damage  to  property.  However,  based
    14  upon  a review of the facts alleged in the accusatory instrument, if the
    15  court determines that such theft is negligible and does not appear to be
    16  in furtherance of  other  criminal  activity,  the  principal  shall  be
    17  released  on  his or her own recognizance or under appropriate non-mone-
    18  tary conditions; [or]
    19    (u) criminal possession of a weapon in the third degree as defined  in
    20  subdivision three of section 265.02 of the penal law or criminal sale of
    21  a firearm to a minor as defined in section 265.16 of the penal law[.];
    22    (v)  criminal  possession  of  stolen property in the fourth degree as
    23  defined in section 165.45 of  the  penal  law,  criminal  possession  of
    24  stolen  property in the third degree as defined in section 165.50 of the
    25  penal law, criminal possession of stolen property in the  second  degree
    26  as defined in section 165.52 of the penal law, or criminal possession of
    27  stolen  property in the first degree as defined in section 165.54 of the
    28  penal law; or
    29    (w) grand larceny in the fourth degree as defined in section 155.30 of
    30  the penal law, grand larceny in the third degree as defined  in  section
    31  155.35  of  the  penal  law,  or  grand  larceny in the second degree as
    32  defined in section 155.40 of the penal law.
    33    § 4. This act shall take effect on the ninetieth day  after  it  shall
    34  have become a law.
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