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.
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.
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.