S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5616
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 Introduced by M. of A. STIRPE, BERGER, WOERNER, McMAHON -- 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:

   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] THEIR 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] THEIR own recognizance or under appropriate
 non-monetary conditions; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03250-01-5
              

 A. 5616                             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[.];
   (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] THEIR 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
 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]
 THEIR  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
 added  by section 4 of subpart B of part UU of chapter 56 of the laws of
 A. 5616                             3
 
 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] THEIR 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] THEIR own recognizance or under appropriate
 non-monetary 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.