NY State Senate Bill 2023-S7715A

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Dec 01, 2023	print number 7715a
Dec 01, 2023	amend and recommit to rules
Oct 18, 2023	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7715 - Details

See Assembly Version of this Bill:: A8855
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L

2023-S7715 - Summary

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.

2023-S7715 - Sponsor Memo

                                 
BILL NUMBER: S7715

SPONSOR: COONEY
 
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 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 as qualifying offenses that can trigger bail eligibility and
consideration. This will provide local law enforcement and judges with
another discretionary tool to tackle this immediate crisis.

 
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.

2023-S7715 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7715
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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:

   Section 1. Paragraphs (t) and (u) of subdivision 4 of  section  510.10
 of  the  criminal  procedure law, paragraph (t) as amended and paragraph
 (u) as added by section 2 of subpart B of part UU of chapter 56  of  the
 laws  of  2022,  are amended and a new paragraph (v) is added to read as
 follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13447-01-3

 S. 7715                             2
 
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FOURTH DEGREE AS
 DEFINED IN SECTION 165.45 OF  THE  PENAL  LAW,  CRIMINAL  POSSESSION  OF
 STOLEN  PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF THE
 PENAL LAW, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE  SECOND  DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN  PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF THE
 PENAL LAW.
   § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the  criminal  procedure  law,  subparagraph  (xx)  as
 amended  and  subparagraph  (xxi)  as added by section 4 of subpart C of
 part UU of chapter 56 of the laws of 2022, are amended and a new subpar-
 agraph (xxii) is added to read as follows:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, provided, however, that the prosecutor must show reasonable
 cause to believe that the defendant committed the instant crime and  any
 underlying  crime.  For  the  purposes  of this subparagraph, any of the
 underlying crimes need not be a qualifying offense as  defined  in  this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.]; OR
   (XXII) CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE  AS
 DEFINED  IN  SECTION  165.45  OF  THE  PENAL LAW, CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF  THE
 PENAL  LAW,  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF  THE
 PENAL LAW.
   §  3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and a new paragraph (v) is added to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 S. 7715                             3
 
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the  penal  law[.];
 OR
   (V)  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FOURTH DEGREE AS
 DEFINED IN SECTION 165.45 OF  THE  PENAL  LAW,  CRIMINAL  POSSESSION  OF
 STOLEN  PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF THE
 PENAL LAW, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE  SECOND  DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN  PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF THE
 PENAL LAW.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

2023-S7715A (ACTIVE) - Details

See Assembly Version of this Bill:: A8855
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§510.10, 530.20 & 530.40, CP L

2023-S7715A (ACTIVE) - Summary

2023-S7715A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7715A

SPONSOR: COONEY
 
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
will provide local law enforcement and judges with another discretionary
tool to tackle this immediate crisis.

 
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.

2023-S7715A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7715--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2023
                                ___________
 
 Introduced  by  Sens. COONEY, MANNION -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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:
 
   Section 1. Paragraphs (t) and (u) of subdivision 4 of  section  510.10
 of  the  criminal  procedure law, paragraph (t) as amended and paragraph
 (u) as added by section 2 of subpart B of part UU of chapter 56  of  the
 laws  of  2022, are amended and two new paragraphs (v) and (w) are added
 to read as follows:
   (t) any felony or class A misdemeanor involving harm to  an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b of  the  penal  law,  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 defined  in  section  265.01-b of the penal law, provided, however, that
 the prosecutor must show reasonable cause to believe that the  defendant
 committed  the  instant crime and any underlying crime. For the purposes
 of this subparagraph, any of the underlying crimes need not be a  quali-
 fying  offense  as defined in this subdivision. For the purposes of this
 paragraph, "harm to an identifiable person or  property"  shall  include
 but  not  be  limited  to theft of or damage to property. However, based
 upon a review of the facts alleged in the accusatory instrument, if  the
 court determines that such theft is negligible and does not appear to be
 in  furtherance  of  other  criminal  activity,  the  principal shall be

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13447-02-3

 S. 7715--A                          2
 
 released on his or her own recognizance or under  appropriate  non-mone-
 tary conditions; [or]
   (u)  criminal possession of a weapon in the third degree as defined in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law[.];
   (V) CRIMINAL POSSESSION OF STOLEN PROPERTY IN  THE  FOURTH  DEGREE  AS
 DEFINED  IN  SECTION  165.45  OF  THE  PENAL LAW, CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF  THE
 PENAL  LAW,  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF  THE
 PENAL LAW; OR
   (W) GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30 OF
 THE  PENAL  LAW, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED IN SECTION
 155.35 OF THE PENAL LAW, OR  GRAND  LARCENY  IN  THE  SECOND  DEGREE  AS
 DEFINED IN SECTION 155.40 OF THE PENAL LAW.
   § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section  530.20  of  the  criminal  procedure  law, subparagraph (xx) as
 amended and subparagraph (xxi) as added by section 4  of  subpart  C  of
 part  UU  of  chapter  56  of  the laws of 2022, are amended and two new
 subparagraphs (xxii) and (xxiii) are added to read as follows:
   (xx) any felony or class A misdemeanor involving harm to an  identifi-
 able  person  or  property,  or  any  charge of criminal possession of a
 firearm as defined in section 265.01-b  of  the  penal  law  where  such
 charge  arose from conduct occurring while the defendant was released on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned after the issuance of a desk appearance ticket for a  separate
 felony  or  class A misdemeanor involving harm to an identifiable person
 or property, provided, however, that the prosecutor must show reasonable
 cause to believe that the defendant committed the instant crime and  any
 underlying  crime.  For  the  purposes  of this subparagraph, any of the
 underlying crimes need not be a qualifying offense as  defined  in  this
 subdivision.  For  the purposes of this paragraph, "harm to an identifi-
 able person or property" shall include but not be limited to theft of or
 damage to property. However, based upon a review of the facts alleged in
 the accusatory instrument, if the court determines that  such  theft  is
 negligible  and  does  not appear to be in furtherance of other criminal
 activity, the principal shall be released on his or her own recognizance
 or under appropriate non-monetary conditions; [or]
   (xxi) criminal possession of a weapon in the third degree  as  defined
 in subdivision three of section 265.02 of the penal law or criminal sale
 of  a  firearm  to  a  minor  as  defined in section 265.16 of the penal
 law[.];
   (XXII) CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE FOURTH DEGREE  AS
 DEFINED  IN  SECTION  165.45  OF  THE  PENAL LAW, CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF  THE
 PENAL  LAW,  CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE SECOND DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF  THE
 PENAL LAW; OR
   (XXIII)  GRAND  LARCENY  IN  THE  FOURTH  DEGREE AS DEFINED IN SECTION
 155.30 OF THE PENAL LAW, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED IN
 SECTION 155.35 OF THE PENAL LAW, OR GRAND LARCENY IN THE  SECOND  DEGREE
 AS DEFINED IN SECTION 155.40 OF THE PENAL LAW.
   §  3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the
 criminal procedure law, paragraph (t) as amended and  paragraph  (u)  as
 S. 7715--A                          3
 
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 2022, are amended and two new paragraphs (v) and (w) are added  to  read
 as follows:
   (t)  any  felony or class A misdemeanor involving harm to an identifi-
 able person or property, or any  charge  of  criminal  possession  of  a
 firearm  as  defined  in  section  265.01-b of the penal law, where such
 charge arose from conduct occurring while the defendant was released  on
 his or her own recognizance, released under conditions, or had yet to be
 arraigned  after the issuance of a desk appearance ticket for a separate
 felony or class A misdemeanor involving harm to an  identifiable  person
 or  property,  or  any  charge  of  criminal  possession of a firearm as
 defined in section 265.01-b of the penal law,  provided,  however,  that
 the  prosecutor must show reasonable cause to believe that the defendant
 committed the instant crime and any underlying crime. For  the  purposes
 of  this subparagraph, any of the underlying crimes need not be a quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 paragraph,  "harm  to  an identifiable person or property" shall include
 but not be limited to theft of or damage  to  property.  However,  based
 upon  a review of the facts alleged in the accusatory instrument, if the
 court determines that such theft is negligible and does not appear to be
 in furtherance of  other  criminal  activity,  the  principal  shall  be
 released  on  his or her own recognizance or under appropriate non-mone-
 tary conditions; [or]
   (u) criminal possession of a weapon in the third degree as defined  in
 subdivision three of section 265.02 of the penal law or criminal sale of
 a firearm to a minor as defined in section 265.16 of the penal law[.];
   (V)  CRIMINAL  POSSESSION  OF  STOLEN PROPERTY IN THE FOURTH DEGREE AS
 DEFINED IN SECTION 165.45 OF  THE  PENAL  LAW,  CRIMINAL  POSSESSION  OF
 STOLEN  PROPERTY IN THE THIRD DEGREE AS DEFINED IN SECTION 165.50 OF THE
 PENAL LAW, CRIMINAL POSSESSION OF STOLEN PROPERTY IN THE  SECOND  DEGREE
 AS DEFINED IN SECTION 165.52 OF THE PENAL LAW, OR CRIMINAL POSSESSION OF
 STOLEN  PROPERTY IN THE FIRST DEGREE AS DEFINED IN SECTION 165.54 OF THE
 PENAL LAW; OR
   (W) GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SECTION 155.30 OF
 THE PENAL LAW, GRAND LARCENY IN THE THIRD DEGREE AS DEFINED  IN  SECTION
 155.35  OF  THE  PENAL  LAW,  OR  GRAND  LARCENY IN THE SECOND DEGREE AS
 DEFINED IN SECTION 155.40 OF THE PENAL LAW.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S7715A

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S7715 - Details

2023-S7715 - Summary

2023-S7715 - Sponsor Memo

2023-S7715 - Bill Text download pdf

co-Sponsors

2023-S7715A (ACTIVE) - Details

2023-S7715A (ACTIVE) - Summary

2023-S7715A (ACTIVE) - Sponsor Memo

2023-S7715A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7715A

Share this bill

Sponsored By

Jeremy A. Cooney

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

John W. Mannion

2023-S7715 - Details

2023-S7715 - Summary

2023-S7715 - Sponsor Memo

2023-S7715 - Bill Text download pdf

co-Sponsors

John W. Mannion

2023-S7715A (ACTIVE) - Details

2023-S7715A (ACTIVE) - Summary

2023-S7715A (ACTIVE) - Sponsor Memo

2023-S7715A (ACTIVE) - Bill Text download pdf

Comments