Bill Text: NY A08594 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 22-1)
Status: (Introduced) 2024-04-09 - held for consideration in codes [A08594 Detail]
Download: New_York-2023-A08594-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8594 IN ASSEMBLY January 12, 2024 ___________ Introduced by M. of A. K. BROWN -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to establishing the crime of coordinated petit larceny, the criminal procedure law, in relation to permitting a principal to be eligible to be held on bail for coordi- nated petit larceny; 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 he or she steals 5 property at the same location as one or more other persons who are also 6 stealing property, who are causing property damage, or are facilitating 7 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 own recognizance, released under conditions, or had yet to be 18 arraigned after the issuance of a desk appearance ticket for a separate 19 felony or class A misdemeanor involving harm to an identifiable person 20 or property, or any charge of criminal possession of a firearm as 21 defined in section 265.01-b of the penal law, provided, however, that 22 the prosecutor must show reasonable cause to believe that the defendant 23 committed the instant crime and any underlying crime. For the purposes EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13864-01-3A. 8594 2 1 of this subparagraph, any of the underlying crimes need not be a quali- 2 fying offense as defined in this subdivision. For the purposes of this 3 paragraph, "harm to an identifiable person or property" shall include 4 but not be limited to theft of or damage to property. However, based 5 upon a review of the facts alleged in the accusatory instrument, if the 6 court determines that such theft is negligible and does not appear to be 7 in furtherance of other criminal activity, the principal shall be 8 released on his or her own recognizance or under appropriate non-mone- 9 tary conditions; [or] 10 (u) criminal possession of a weapon in the third degree as defined in 11 subdivision three of section 265.02 of the penal law or criminal sale of 12 a firearm to a minor as defined in section 265.16 of the penal law[.]; 13 or 14 (v) coordinated petit larceny as defined in section 155.27 of the 15 penal law. 16 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 17 section 530.20 of the criminal procedure law, subparagraph (xx) as 18 amended and subparagraph (xxi) as added by section 4 of subpart C of 19 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 20 agraph (xxii) is added to read as follows: 21 (xx) any felony or class A misdemeanor involving harm to an identifi- 22 able person or property, or any charge of criminal possession of a 23 firearm as defined in section 265.01-b of the penal law where such 24 charge arose from conduct occurring while the defendant was released on 25 his or her own recognizance, released under conditions, or had yet to be 26 arraigned after the issuance of a desk appearance ticket for a separate 27 felony or class A misdemeanor involving harm to an identifiable person 28 or property, provided, however, that the prosecutor must show reasonable 29 cause to believe that the defendant committed the instant crime and any 30 underlying crime. For the purposes of this subparagraph, any of the 31 underlying crimes need not be a qualifying offense as defined in this 32 subdivision. For the purposes of this paragraph, "harm to an identifi- 33 able person or property" shall include but not be limited to theft of or 34 damage to property. However, based upon a review of the facts alleged in 35 the accusatory instrument, if the court determines that such theft is 36 negligible and does not appear to be in furtherance of other criminal 37 activity, the principal shall be released on his or her own recognizance 38 or under appropriate non-monetary conditions; [or] 39 (xxi) criminal possession of a weapon in the third degree as defined 40 in subdivision three of section 265.02 of the penal law or criminal sale 41 of a firearm to a minor as defined in section 265.16 of the penal 42 law[.]; or 43 (xxii) coordinated petit larceny as defined in section 155.27 of the 44 penal law. 45 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 46 criminal procedure law, paragraph (t) as amended and paragraph (u) as 47 added by section 4 of subpart B of part UU of chapter 56 of the laws of 48 2022, are amended and a new paragraph (v) is added to read as follows: 49 (t) any felony or class A misdemeanor involving harm to an identifi- 50 able person or property, or any charge of criminal possession of a 51 firearm as defined in section 265.01-b of the penal law, where such 52 charge arose from conduct occurring while the defendant was released on 53 his or her own recognizance, released under conditions, or had yet to be 54 arraigned after the issuance of a desk appearance ticket for a separate 55 felony or class A misdemeanor involving harm to an identifiable person 56 or property, or any charge of criminal possession of a firearm asA. 8594 3 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 own recognizance or under appropriate non-mone- 12 tary 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 § 5. The executive law is amended by adding a new section 837-y to 20 read as follows: 21 § 837-y. Larceny public awareness campaign. 1. The division shall 22 produce a public awareness campaign on larceny. Such campaign shall 23 include, but not be limited to, informing the public on coordinated 24 petit larceny as defined in section 155.27 of the penal law. 25 2. The public awareness campaign produced under subdivision one of 26 this section shall run for at least one year and shall begin within one 27 year of the effective date of this section. 28 § 6. This act shall take effect immediately; provided, however, 29 sections one, two, three, and four of this act shall take effect on the 30 ninetieth day after they shall have become a law; and provided further, 31 however, that section five of this act shall expire and be deemed 32 repealed two years after it shall have become a law.