STATE OF NEW YORK
________________________________________________________________________
9104
IN ASSEMBLY
February 7, 2024
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the criminal procedure law, in
relation to establishing the crime of aggravated grand larceny
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 155.32 to
2 read as follows:
3 § 155.32 Aggravated grand larceny.
4 A person is guilty of aggravated grand larceny when he or she commits
5 the crime of grand larceny in the fourth degree in violation of subdivi-
6 sion eight of section 155.30 of this article and has been convicted
7 within the previous five years of grand larceny in the fourth degree in
8 violation of subdivision eight of section 155.30 of this article.
9 Aggravated grand larceny is a class D felony.
10 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the
11 criminal procedure law, paragraph (t) as amended and paragraph (u) as
12 added by section 2 of subpart B of part UU of chapter 56 of the laws of
13 2022, are amended and two new paragraphs (v) and (w) are added to read
14 as follows:
15 (t) any felony or class A misdemeanor involving harm to an identifi-
16 able person or property, or any charge of criminal possession of a
17 firearm as defined in section 265.01-b of the penal law, where such
18 charge arose from conduct occurring while the defendant was released on
19 his or her own recognizance, released under conditions, or had yet to be
20 arraigned after the issuance of a desk appearance ticket for a separate
21 felony or class A misdemeanor involving harm to an identifiable person
22 or property, or any charge of criminal possession of a firearm as
23 defined in section 265.01-b of the penal law, provided, however, that
24 the prosecutor must show reasonable cause to believe that the defendant
25 committed the instant crime and any underlying crime. For the purposes
26 of this subparagraph, any of the underlying crimes need not be a quali-
27 fying offense as defined in this subdivision. For the purposes of this
28 paragraph, "harm to an identifiable person or property" shall include
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14348-01-4
A. 9104 2
1 but not be limited to theft of or damage to property. However, based
2 upon a review of the facts alleged in the accusatory instrument, if the
3 court determines that such theft is negligible and does not appear to be
4 in furtherance of other criminal activity, the principal shall be
5 released on his or her own recognizance or under appropriate non-mone-
6 tary conditions; [or]
7 (u) criminal possession of a weapon in the third degree as defined in
8 subdivision three of section 265.02 of the penal law or criminal sale of
9 a firearm to a minor as defined in section 265.16 of the penal law[.];
10 (v) grand larceny in the fourth degree as defined in subdivision eight
11 of section 155.30 of the penal law where such charge arose from conduct
12 occurring while the defendant was released on his or her own recogni-
13 zance, released under conditions, or had yet to be arraigned after the
14 issuance of a desk appearance ticket for the crime of grand larceny in
15 the fourth degree as defined in subdivision eight of section 155.30 of
16 the penal law; or
17 (w) aggravated grand larceny as defined in section 155.32 of the penal
18 law.
19 § 3. Subparagraph (xv) of paragraph (b) of subdivision 1 of section
20 530.20 of the criminal procedure law, as amended by section 3 of part UU
21 of chapter 56 of the laws of 2020, is amended to read as follows:
22 (xv) grand larceny in the first degree as defined in section 155.42 of
23 the penal law, grand larceny in the fourth degree as defined in subdivi-
24 sion eight of section 155.30 of the penal law, aggravated grand larceny
25 as defined in section 155.32 of the penal law, enterprise corruption as
26 defined in section 460.20 of the penal law, or money laundering in the
27 first degree as defined in section 470.20 of the penal law;
28 § 4. Paragraph (o) of subdivision 4 of section 530.40 of the criminal
29 procedure law, as added by section 4 of part UU of chapter 56 of the
30 laws of 2020, is amended to read as follows:
31 (o) grand larceny in the first degree as defined in section 155.42 of
32 the penal law, grand larceny in the fourth degree as defined in subdivi-
33 sion eight of section 155.30 of the penal law, aggravated grand larceny
34 as defined in section 155.32 of the penal law, enterprise corruption as
35 defined in section 460.20 of the penal law, or money laundering in the
36 first degree as defined in section 470.20 of the penal law;
37 § 5. Paragraph (d) of subdivision 1 of section 722.23 of the criminal
38 procedure law, as added by section 1-a of part WWW of chapter 59 of the
39 laws of 2017, is amended to read as follows:
40 (d) The court shall deny the motion to prevent removal of the action
41 in youth part unless the court makes a determination upon such motion by
42 the district attorney that [extraordinary] one or more circumstances
43 exist that should prevent the transfer of the action to family court,
44 including, but not limited to, where the defendant is charged with grand
45 larceny in the fourth degree as defined in subdivision eight of section
46 155.30 of the penal law or aggravated grand larceny as defined in
47 section 155.32 of the penal law.
48 § 6. This act shall take effect immediately.
