Establishes the offense of aggravated reckless endangerment; includes aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order.
STATE OF NEW YORK
________________________________________________________________________
8932
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The penal law is amended by adding a new section 120.26 to
2 read as follows:
3 § 120.26 Aggravated reckless endangerment.
4 A person is guilty of aggravated reckless endangerment when such
5 person knowingly possesses fentanyl or a fentanyl derivative and reck-
6 lessly exposes a first responder, correction officer, employee of a
7 correctional facility or active duty military personnel to such fentanyl
8 or fentanyl derivative in a manner that is likely to result in illness
9 or injury to such first responder, correction officer, employee of a
10 correctional facility or active duty military personnel.
11 Aggravated reckless endangerment is a class C felony.
12 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
13 criminal procedure law, paragraph (t) as amended and paragraph (u) as
14 added by section 2 of subpart B of part UU of chapter 56 of the laws of
15 2022, are amended and a new paragraph (v) is added to read as follows:
16 (t) any felony or class A misdemeanor involving harm to an identifi-
17 able person or property, or any charge of criminal possession of a
18 firearm as defined in section 265.01-b of the penal law, where such
19 charge arose from conduct occurring while the defendant was released on
20 [his or her] the defendant's own recognizance, released under condi-
21 tions, or had yet to be arraigned after the issuance of a desk appear-
22 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
1 to an identifiable person or property, or any charge of criminal
2 possession of a firearm as defined in section 265.01-b of the penal law,
3 provided, however, that the prosecutor must show reasonable cause to
4 believe that the defendant committed the instant crime and any underly-
5 ing crime. For the purposes of this [subparagraph] paragraph, any of the
6 underlying crimes need not be a qualifying offense as defined in this
7 subdivision. For the purposes of this paragraph, "harm to an identifi-
8 able person or property" shall include but not be limited to theft of or
9 damage to property. However, based upon a review of the facts alleged in
10 the accusatory instrument, if the court determines that such theft is
11 negligible and does not appear to be in furtherance of other criminal
12 activity, the principal shall be released on [his or her] the princi-
13 pal's own recognizance or under appropriate non-monetary conditions;
14 [or]
15 (u) criminal possession of a weapon in the third degree as defined in
16 subdivision three of section 265.02 of the penal law or criminal sale of
17 a firearm to a minor as defined in section 265.16 of the penal law[.];
18 or
19 (v) aggravated reckless endangerment as defined in section 120.26 of
20 the penal law.
21 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
22 section 530.20 of the criminal procedure law, paragraph (xx) as amended
23 and paragraph (xxi) as added by section 4 of subpart C of part UU of
24 chapter 56 of the laws of 2022, are amended and a new paragraph (xxii)
25 is added to read as follows:
26 (xx) any felony or class A misdemeanor involving harm to an identifi-
27 able person or property, or any charge of criminal possession of a
28 firearm as defined in section 265.01-b of the penal law where such
29 charge arose from conduct occurring while the defendant was released on
30 [his or her] the defendant's own recognizance, released under condi-
31 tions, or had yet to be arraigned after the issuance of a desk appear-
32 ance ticket for a separate felony or class A misdemeanor involving harm
33 to an identifiable person or property, provided, however, that the
34 prosecutor must show reasonable cause to believe that the defendant
35 committed the instant crime and any underlying crime. For the purposes
36 of this subparagraph, any of the underlying crimes need not be a quali-
37 fying offense as defined in this subdivision. For the purposes of this
38 [paragraph] subparagraph, "harm to an identifiable person or property"
39 shall include but not be limited to theft of or damage to property.
40 However, based upon a review of the facts alleged in the accusatory
41 instrument, if the court determines that such theft is negligible and
42 does not appear to be in furtherance of other criminal activity, the
43 principal shall be released on [his or her] the principal's own recogni-
44 zance or under appropriate non-monetary conditions; [or]
45 (xxi) criminal possession of a weapon in the third degree as defined
46 in subdivision three of section 265.02 of the penal law or criminal sale
47 of a firearm to a minor as defined in section 265.16 of the penal
48 law[.]; or
49 (xxii) aggravated reckless endangerment as defined in section 120.26
50 of the penal law.
51 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
52 criminal procedure law, paragraph (t) as amended and paragraph (u) as
53 added by section 4 of subpart B of part UU of chapter 56 of the laws of
54 2022, are amended and a new paragraph (v) is added to read 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. 8932 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] the defendant's own recognizance, released under condi-
4 tions, or had yet to be arraigned after the issuance of a desk appear-
5 ance ticket for a separate felony or class A misdemeanor involving harm
6 to an identifiable person or property, or any charge of criminal
7 possession of a firearm as defined in section 265.01-b of the penal law,
8 provided, however, that the prosecutor must show reasonable cause to
9 believe that the defendant committed the instant crime and any underly-
10 ing crime. For the purposes of this [subparagraph] paragraph, any of the
11 underlying crimes need not be a qualifying offense as defined in this
12 subdivision. For the purposes of this paragraph, "harm to an identifi-
13 able person or property" shall include but not be limited to theft of or
14 damage to property. However, based upon a review of the facts alleged in
15 the accusatory instrument, if the court determines that such theft is
16 negligible and does not appear to be in furtherance of other criminal
17 activity, the principal shall be released on [his or her] the princi-
18 pal's own recognizance or under appropriate non-monetary conditions;
19 [or]
20 (u) criminal possession of a weapon in the third degree as defined in
21 subdivision three of section 265.02 of the penal law or criminal sale of
22 a firearm to a minor as defined in section 265.16 of the penal law[.];
23 or
24 (v) aggravated reckless endangerment as defined in section 120.26 of
25 the penal law.
26 § 5. This act shall take effect immediately.
