NY State Senate Bill 2023-S8831

Senate Bill S8831

2023-2024 Legislative Session

Establishes the crime of coordinated petit larceny, permits a principal to be eligible to be held on bail for coordinated petit larceny, and creates a public service campaign on larceny

download bill text pdf

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2024	referred to codes

2023-S8831 (ACTIVE) - Details

See Assembly Version of this Bill:: A8594
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §155.27, Pen L; amd §§510.10, 530.20 & 530.40, CP L; add §837-y, Exec L

2023-S8831 (ACTIVE) - Summary

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.

2023-S8831 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8831

SPONSOR: PALUMBO
 
TITLE OF BILL:

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 coordinated
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 exec-
utive law upon expiration thereof

 
PURPOSE:

Establishes the crime coordinated petit larceny, permits a principal to
be eligible to be held on bail for coordinated petit larceny and creates
a public service campaign on larceny.

 
SUMMARY OF PROVISIONS:

Section 1. The penal law is amended by adding a new section 155.27

defining coordinated petit larceny.

Section 2. 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:  coordinated
petit larceny as defined in section 155.27 of the penal law.

Section 3. 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 new subpara-
graph (xxiii) is added: coordinated petit larceny as defined in section
155.27 of the penal law.

Section 4. 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 456 of the laws
of 2022, are amended a new paragraph (v) is added:  coordinated petit
larceny as defined in section 155.27

Section 5. The executive law is amended by adding a new section 837-y is
added to create a Larceny Public Awareness Campaign.

Section 6. Sets forth the effective date.

 
JUSTIFICATION:

Cases of organized, coordinated retail theft have risen around the
state. These "smash and grab" retail robberies are creating a multitude
of issues for retail store owners, staff and law enforcement. This bill
would help by establishing the crime of coordinated petit larceny as
well as creating public awareness through a public service campaign on
larceny.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, sections one,
two, three and four of this act shall take effect on the ninetieth day
after they shall have become a law; and provided further, however, that
section five of this act shall expire and be deemed repealed two years
after it shall have become a law.

2023-S8831 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8831
 
                             I N  S E N A T E
 
                              March 19, 2024
                                ___________
 
 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, 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:
 
   Section  1. The penal law is amended by adding a new section 155.27 to
 read as follows:
 § 155.27 COORDINATED PETIT LARCENY.
   A PERSON IS GUILTY OF COORDINATED PETIT LARCENY WHEN HE OR SHE  STEALS
 PROPERTY  AT THE SAME LOCATION AS ONE OR MORE OTHER PERSONS WHO ARE ALSO
 STEALING PROPERTY, WHO ARE CAUSING PROPERTY DAMAGE, OR ARE  FACILITATING
 THE STEALING OF PROPERTY OR CAUSING OF PROPERTY DAMAGE.
   COORDINATED PETIT LARCENY IS A CLASS E FELONY.
   §  2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13864-01-3
 S. 8831                             2
 
 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)  COORDINATED  PETIT  LARCENY  AS  DEFINED IN SECTION 155.27 OF THE
 PENAL LAW.
   § 3. 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) COORDINATED PETIT LARCENY AS DEFINED IN SECTION 155.27  OF  THE
 PENAL LAW.
   §  4. 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
 or property, or any charge  of  criminal  possession  of  a  firearm  as
 S. 8831                             3
 
 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) COORDINATED PETIT LARCENY AS DEFINED  IN  SECTION  155.27  OF  THE
 PENAL LAW.
   §  5.  The  executive  law is amended by adding a new section 837-y to
 read as follows:
   § 837-Y. LARCENY PUBLIC AWARENESS  CAMPAIGN.  1.  THE  DIVISION  SHALL
 PRODUCE  A  PUBLIC  AWARENESS CAMPAIGN ON LARCENY.   SUCH CAMPAIGN SHALL
 INCLUDE, BUT NOT BE LIMITED TO,  INFORMING  THE  PUBLIC  ON  COORDINATED
 PETIT LARCENY AS DEFINED IN SECTION 155.27 OF THE PENAL LAW.
   2.  THE  PUBLIC  AWARENESS  CAMPAIGN PRODUCED UNDER SUBDIVISION ONE OF
 THIS SECTION SHALL RUN FOR AT LEAST ONE YEAR AND SHALL BEGIN WITHIN  ONE
 YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   §  6.  This  act  shall  take  effect  immediately; provided, however,
 sections one, two, three, and four of this act shall take effect on  the
 ninetieth  day after they shall have become a law; and provided further,
 however, that section five of  this  act  shall  expire  and  be  deemed
 repealed two years after it shall have become a law.

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