NY State Senate Bill 2025-S989

Senate Bill S989

2025-2026 Legislative Session

Establishes the offense of aggravated reckless endangerment; includes aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order

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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
Jan 08, 2025	referred to codes

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2025-S989 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §120.26, Pen L; amd §§510.10, 530.20 & 530.40, CP L
Versions Introduced in 2023-2024 Legislative Session:: S7675

2025-S989 (ACTIVE) - Summary

Establishes the offense of aggravated reckless endangerment; includes aggravated reckless endangerment as a qualified offense the court must consider and take into account for securing an order.

2025-S989 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S989

SPONSOR: ROLISON
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the offense
of aggravated reckless endangerment; and to amend the criminal procedure
law, in relation to including aggravated reckless endangerment as a
qualified offense the court must consider and take into account for
securing an order

 
PURPOSE:

To establish the offense of aggravated reckless endangerment when such
person knowingly possesses fentanyl or a fentanyl derivative and reck-
lessly exposes a first responder or correction officer.

 
SUMMARY OF PROVISIONS:

Section 1 amends the penal law by adding a new section, 120.26, aggra-
vated reckless endangerment. A person is guilty of aggravated reckless
endangerment when such person knowingly possesses fentanyl or a fentanyl

derivative and recklessly exposes a first responder or correction offi-
cer to fentanyl or a fentanyl derivative in a manner that is likely to
result in illness or injury to such first responder or correction offi-
cer.

Section 2 adds a new paragraph (v) to subdivision 4 of Section 510.10 of
the criminal procedure law for aggravated reckless endangerment as
defined in section 120.26 of the penal law.

Section 3 adds a new subparagraph xxii to paragraph (b) of subdivision 1
of section 530.20 of the criminal procedure law for aggravated reckless
endangerment as defined in section 120.26 of the penal law.

Section 4: adds new paragraph (v) to section 530.40 of the criminal
procedure law for aggravated reckless endangerment as defined in section
120.26 of the penal law.

Section 5 states the effective date.

 
JUSTIFICATION:

On September 14, 2023, a City of Poughkeepsie police officer suffered
from the near-fatal effects of the fentanyl he was exposed to while on a
routine call involving two suspects possibly using the drug'.  The
suspect who was carrying the deadly fentanyl package was only issued an
appearance ticket.

Fentanyl poses a serious safety risk to our first responders and this
legislation increases penalties for those who carry fentanyl and reck-
lessly expose a first responder to the drug. This legislation estab-
lishes the offense of aggravated reckless endangerment which is a class
C felony and carries a sentence of up to 15 years in prison.

 
LEGISLATIVE HISTORY:

2023-24 57675: Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
https://midhudsonnews.com/2023/09/14/cop- overdoses-after-fentanyl-
exposure/

2025-S989 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    989
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced   by  Sens.  ROLISON,  BORRELLO,  GALLIVAN,  HELMING,  LANZA,
   MARTINS, MATTERA, MURRAY, OBERACKER, O'MARA, PALUMBO,  STEC,  TEDISCO,
   WALCZYK,  WEBER,  WEIK  --  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  offense
   of  aggravated reckless endangerment; and to amend the criminal proce-
   dure law, in relation to including aggravated reckless endangerment as
   a qualified offense the court must consider and take into account  for
   securing an order
 
   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 120.26  to
 read as follows:
 § 120.26 AGGRAVATED RECKLESS ENDANGERMENT.
   A  PERSON  IS  GUILTY  OF  AGGRAVATED  RECKLESS ENDANGERMENT WHEN SUCH
 PERSON KNOWINGLY POSSESSES FENTANYL OR A FENTANYL DERIVATIVE  AND  RECK-
 LESSLY  EXPOSES A FIRST RESPONDER OR CORRECTION OFFICER TO SUCH FENTANYL
 OR FENTANYL DERIVATIVE IN A MANNER THAT IS LIKELY TO RESULT  IN  ILLNESS
 OR INJURY TO SUCH FIRST RESPONDER OR CORRECTION OFFICER.
   AGGRAVATED RECKLESS ENDANGERMENT IS A CLASS C 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] THE DEFENDANT'S own  recognizance,  released  under  condi-
 tions,  or  had yet to be arraigned after the issuance of a desk appear-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01593-01-5
 S. 989                              2
 
 ance 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  underly-
 ing crime. For the purposes of this [subparagraph] PARAGRAPH, 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] THE PRINCI-
 PAL'S 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[.];
 OR
   (V)  AGGRAVATED  RECKLESS ENDANGERMENT AS DEFINED IN SECTION 120.26 OF
 THE PENAL LAW.
   § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of
 section 530.20 of the criminal procedure law, paragraph (xx) as  amended
 and  paragraph  (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  paragraph  (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]  THE  DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  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 quali-
 fying offense as defined in this subdivision. For the purposes  of  this
 [paragraph]  SUBPARAGRAPH,  "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] THE PRINCIPAL'S own recogni-
 zance 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) AGGRAVATED RECKLESS ENDANGERMENT AS DEFINED IN  SECTION  120.26
 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:
 S. 989                              3
 
   (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]  THE  DEFENDANT'S own recognizance, released under condi-
 tions, or had yet to be arraigned after the issuance of a  desk  appear-
 ance  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  underly-
 ing crime. For the purposes of this [subparagraph] PARAGRAPH, 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] THE PRINCI-
 PAL'S 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[.];
 OR
   (V)  AGGRAVATED  RECKLESS ENDANGERMENT AS DEFINED IN SECTION 120.26 OF
 THE PENAL LAW.
   § 5. This act shall take effect immediately.

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