S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4124
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 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:

   Section  1. The penal law is amended by adding a new section 155.32 to
 read as follows:
 § 155.32 AGGRAVATED GRAND LARCENY.
   A PERSON IS GUILTY  OF  AGGRAVATED  GRAND  LARCENY  WHEN  SUCH  PERSON
 COMMITS  THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE IN VIOLATION OF
 SUBDIVISION EIGHT OF  SECTION  155.30  OF  THIS  ARTICLE  AND  HAS  BEEN
 CONVICTED  WITHIN THE PREVIOUS FIVE YEARS OF GRAND LARCENY IN THE FOURTH
 DEGREE IN VIOLATION OF SUBDIVISION EIGHT OF SECTION 155.30 OF THIS ARTI-
 CLE.
   AGGRAVATED GRAND LARCENY IS A CLASS D 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03647-01-5
              

 A. 4124                             2
 
 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) GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION EIGHT
 OF  SECTION 155.30 OF THE PENAL LAW WHERE SUCH CHARGE AROSE FROM CONDUCT
 OCCURRING WHILE THE DEFENDANT WAS RELEASED ON  THEIR  OWN  RECOGNIZANCE,
 RELEASED UNDER CONDITIONS, OR HAD YET TO BE ARRAIGNED AFTER THE ISSUANCE
 OF A DESK APPEARANCE TICKET FOR THE CRIME OF GRAND LARCENY IN THE FOURTH
 DEGREE  AS  DEFINED  IN SUBDIVISION EIGHT OF SECTION 155.30 OF THE PENAL
 LAW; OR
   (W) AGGRAVATED GRAND LARCENY AS DEFINED IN SECTION 155.32 OF THE PENAL
 LAW.
   § 3. Subparagraph (xv) of paragraph (b) of subdivision  1  of  section
 530.20 of the criminal procedure law, as amended by section 3 of part UU
 of chapter 56 of the laws of 2020, is amended to read as follows:
   (xv) grand larceny in the first degree as defined in section 155.42 of
 the penal law, GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVI-
 SION  EIGHT OF SECTION 155.30 OF THE PENAL LAW, AGGRAVATED GRAND LARCENY
 AS DEFINED IN SECTION 155.32 OF THE PENAL LAW, enterprise corruption  as
 defined  in  section 460.20 of the penal law, or money laundering in the
 first degree as defined in section 470.20 of the penal law;
   § 4. Paragraph (o) of subdivision 4 of section 530.40 of the  criminal
 procedure  law,  as  added  by section 4 of part UU of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (o) grand larceny in the first degree as defined in section 155.42  of
 the penal law, GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVI-
 SION  EIGHT OF SECTION 155.30 OF THE PENAL LAW, AGGRAVATED GRAND LARCENY
 AS DEFINED IN SECTION 155.32 OF THE PENAL LAW, enterprise corruption  as
 defined  in  section 460.20 of the penal law, or money laundering in the
 first degree as defined in section 470.20 of the penal law;
   § 5. Paragraph (d) of subdivision 1 of section 722.23 of the  criminal
 procedure  law, as added by section 1-a of part WWW of chapter 59 of the
 laws of 2017, is amended to read as follows:
   (d) The court shall deny the motion to prevent removal of  the  action
 in youth part unless the court makes a determination upon such motion by
 the  district  attorney  that  [extraordinary] ONE OR MORE circumstances
 exist that should prevent the transfer of the action  to  family  court,
 INCLUDING, BUT NOT LIMITED TO, WHERE THE DEFENDANT IS CHARGED WITH GRAND
 LARCENY  IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 155.30 OF THE PENAL LAW  OR  AGGRAVATED  GRAND  LARCENY  AS  DEFINED  IN
 SECTION 155.32 OF THE PENAL LAW.
   § 6. This act shall take effect immediately.