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S02535 Summary:

BILL NOS02535
 
SAME ASSAME AS A05205
 
SPONSORPALUMBO
 
COSPNSR
 
MLTSPNSR
 
Add §155.27, Pen L; amd §§510.10, 530.20 & 530.40, CP L; add §837-y, Exec L
 
Establishes the crime of coordinated petit larceny; permits a principal to be eligible to be held on bail for coordinated petit larceny; directs the division of criminal justice services to conduct a public awareness campaign on larceny.
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S02535 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2535
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 21, 2025
                                       ___________
 
        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;  to  amend the criminal procedure law, in
          relation to permitting a principal to be eligible to be held  on  bail
          for coordinated petit larceny; to amend 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:
 
     1    Section 1. The penal law is amended by adding a new section 155.27  to
     2  read as follows:
     3  § 155.27 Coordinated petit larceny.
     4    A  person  is  guilty  of  coordinated  petit larceny when such person
     5  steals property at the same location as one or more  other  persons  who
     6  are  also  stealing  property,  who  are causing property damage, or are
     7  facilitating the stealing of property or causing of property damage.
     8    Coordinated petit larceny is a class E felony.
     9    § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of  the
    10  criminal  procedure  law,  paragraph (t) as amended and paragraph (u) as
    11  added by section 2 of subpart B of part UU of chapter 56 of the laws  of
    12  2022, are amended and a new paragraph (v) is added to read as follows:
    13    (t)  any  felony or class A misdemeanor involving harm to an identifi-
    14  able person or property, or any  charge  of  criminal  possession  of  a
    15  firearm  as  defined  in  section  265.01-b of the penal law, where such
    16  charge arose from conduct occurring while the defendant was released  on
    17  [his  or  her] their own recognizance, released under conditions, or had
    18  yet to be arraigned after the issuance of a desk appearance ticket for a
    19  separate felony or class A misdemeanor involving harm to an identifiable
    20  person or property, or any charge of criminal possession of a firearm as
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06558-01-5

        S. 2535                             2
 
     1  defined in section 265.01-b of the penal law,  provided,  however,  that
     2  the  prosecutor must show reasonable cause to believe that the defendant
     3  committed the instant crime and any underlying crime. For  the  purposes
     4  of  this subparagraph, any of the underlying crimes need not be a quali-
     5  fying offense as defined in this subdivision. For the purposes  of  this
     6  paragraph,  "harm  to  an identifiable person or property" shall include
     7  but not be limited to theft of or damage  to  property.  However,  based
     8  upon  a review of the facts alleged in the accusatory instrument, if the
     9  court determines that such theft is negligible and does not appear to be
    10  in furtherance of  other  criminal  activity,  the  principal  shall  be
    11  released  on  [his  or  her] their own recognizance or under appropriate
    12  non-monetary conditions; [or]
    13    (u) criminal possession of a weapon in the third degree as defined  in
    14  subdivision three of section 265.02 of the penal law or criminal sale of
    15  a  firearm  to a minor as defined in section 265.16 of the penal law[.];
    16  or
    17    (v) coordinated petit larceny as defined  in  section  155.27  of  the
    18  penal law.
    19    § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
    20  section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
    21  amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
    22  part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
    23  agraph (xxii) is added to read as follows:
    24    (xx)  any felony or class A misdemeanor involving harm to an identifi-
    25  able person or property, or any  charge  of  criminal  possession  of  a
    26  firearm  as  defined  in  section  265.01-b  of the penal law where such
    27  charge arose from conduct occurring while the defendant was released  on
    28  [his  or  her] their own recognizance, released under conditions, or had
    29  yet to be arraigned after the issuance of a desk appearance ticket for a
    30  separate felony or class A misdemeanor involving harm to an identifiable
    31  person or property, provided, however, that  the  prosecutor  must  show
    32  reasonable  cause  to  believe  that the defendant committed the instant
    33  crime and any underlying crime. For the purposes of  this  subparagraph,
    34  any of the underlying crimes need not be a qualifying offense as defined
    35  in  this  subdivision.  For  the purposes of this paragraph, "harm to an
    36  identifiable person or property" shall include but  not  be  limited  to
    37  theft  of  or  damage  to  property. However, based upon a review of the
    38  facts alleged in the accusatory instrument, if the court determines that
    39  such theft is negligible and does not appear to  be  in  furtherance  of
    40  other criminal activity, the principal shall be released on [his or her]
    41  their  own  recognizance  or  under appropriate non-monetary conditions;
    42  [or]
    43    (xxi) criminal possession of a weapon in the third degree  as  defined
    44  in subdivision three of section 265.02 of the penal law or criminal sale
    45  of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
    46  law[.]; or
    47    (xxii) coordinated petit larceny as defined in section 155.27  of  the
    48  penal law.
    49    §  4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
    50  criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
    51  added  by section 4 of subpart B of part UU of chapter 56 of the laws of
    52  2022, are amended and a new paragraph (v) is added to read as follows:
    53    (t) any felony or class A misdemeanor involving harm to  an  identifi-
    54  able  person  or  property,  or  any  charge of criminal possession of a
    55  firearm as defined in section 265.01-b of  the  penal  law,  where  such
    56  charge  arose from conduct occurring while the defendant was released on

        S. 2535                             3
 
     1  [his or her] their own recognizance, released under conditions,  or  had
     2  yet to be arraigned after the issuance of a desk appearance ticket for a
     3  separate felony or class A misdemeanor involving harm to an identifiable
     4  person or property, or any charge of criminal possession of a firearm as
     5  defined  in  section  265.01-b of the penal law, provided, however, that
     6  the prosecutor must show reasonable cause to believe that the  defendant
     7  committed  the  instant crime and any underlying crime. For the purposes
     8  of this subparagraph, any of the underlying crimes need not be a  quali-
     9  fying  offense  as defined in this subdivision. For the purposes of this
    10  paragraph, "harm to an identifiable person or  property"  shall  include
    11  but  not  be  limited  to theft of or damage to property. However, based
    12  upon a review of the facts alleged in the accusatory instrument, if  the
    13  court determines that such theft is negligible and does not appear to be
    14  in  furtherance  of  other  criminal  activity,  the  principal shall be
    15  released on [his or her] their own  recognizance  or  under  appropriate
    16  non-monetary conditions; [or]
    17    (u)  criminal possession of a weapon in the third degree as defined in
    18  subdivision three of section 265.02 of the penal law or criminal sale of
    19  a firearm to a minor as defined in section 265.16 of the  penal  law[.];
    20  or
    21    (v)  coordinated  petit  larceny  as  defined in section 155.27 of the
    22  penal law.
    23    § 5. The executive law is amended by adding a  new  section  837-y  to
    24  read as follows:
    25    §  837-y.  Larceny  public  awareness  campaign. 1. The division shall
    26  produce a public awareness campaign on larceny.    Such  campaign  shall
    27  include,  but  not  be  limited  to, informing the public on coordinated
    28  petit larceny as defined in section 155.27 of the penal law.
    29    2. The public awareness campaign produced  under  subdivision  one  of
    30  this  section shall run for at least one year and shall begin within one
    31  year of the effective date of this section.
    32    § 6. This  act  shall  take  effect  immediately;  provided,  however,
    33  sections  one, two, three, and four of this act shall take effect on the
    34  ninetieth day after they shall have become a law; and provided  further,
    35  however,  that  section  five  of  this  act  shall expire and be deemed
    36  repealed two years after it shall have become a law.
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