New York 2025-2026 Regular Session

New York Senate Bill S02535 Latest Draft

Bill / Introduced Version Filed 01/21/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 2535 2025-2026 Regular Sessions  IN SENATE January 21, 2025 ___________ 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; to amend the criminal procedure law, in relation to permitting a principal to be eligible to be held on bail for coordinated petit larceny; to amend 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: 1 Section 1. The penal law is amended by adding a new section 155.27 to 2 read as follows: 3 § 155.27 Coordinated petit larceny. 4 A person is guilty of coordinated petit larceny when such person 5 steals property at the same location as one or more other persons who 6 are also stealing property, who are causing property damage, or are 7 facilitating the stealing of property or causing of property damage. 8 Coordinated petit larceny is a class E felony. 9 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 10 criminal procedure law, paragraph (t) as amended and paragraph (u) as 11 added by section 2 of subpart B of part UU of chapter 56 of the laws of 12 2022, are amended and a new paragraph (v) is added to read as follows: 13 (t) any felony or class A misdemeanor involving harm to an identifi- 14 able person or property, or any charge of criminal possession of a 15 firearm as defined in section 265.01-b of the penal law, where such 16 charge arose from conduct occurring while the defendant was released on 17 [his or her] their own recognizance, released under conditions, or had 18 yet to be arraigned after the issuance of a desk appearance ticket for a 19 separate felony or class A misdemeanor involving harm to an identifiable 20 person or property, or any charge of criminal possession of a firearm as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06558-01-5 

 S. 2535 2 1 defined in section 265.01-b of the penal law, provided, however, that 2 the prosecutor must show reasonable cause to believe that the defendant 3 committed the instant crime and any underlying crime. For the purposes 4 of this subparagraph, any of the underlying crimes need not be a quali- 5 fying offense as defined in this subdivision. For the purposes of this 6 paragraph, "harm to an identifiable person or property" shall include 7 but not be limited to theft of or damage to property. However, based 8 upon a review of the facts alleged in the accusatory instrument, if the 9 court determines that such theft is negligible and does not appear to be 10 in furtherance of other criminal activity, the principal shall be 11 released on [his or her] their own recognizance or under appropriate 12 non-monetary conditions; [or] 13 (u) criminal possession of a weapon in the third degree as defined in 14 subdivision three of section 265.02 of the penal law or criminal sale of 15 a firearm to a minor as defined in section 265.16 of the penal law[.]; 16 or 17 (v) coordinated petit larceny as defined in section 155.27 of the 18 penal law. 19 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 20 section 530.20 of the criminal procedure law, subparagraph (xx) as 21 amended and subparagraph (xxi) as added by section 4 of subpart C of 22 part UU of chapter 56 of the laws of 2022, are amended and a new subpar- 23 agraph (xxii) is added to read as follows: 24 (xx) any felony or class A misdemeanor involving harm to an identifi- 25 able person or property, or any charge of criminal possession of a 26 firearm as defined in section 265.01-b of the penal law where such 27 charge arose from conduct occurring while the defendant was released on 28 [his or her] their own recognizance, released under conditions, or had 29 yet to be arraigned after the issuance of a desk appearance ticket for a 30 separate felony or class A misdemeanor involving harm to an identifiable 31 person or property, provided, however, that the prosecutor must show 32 reasonable cause to believe that the defendant committed the instant 33 crime and any underlying crime. For the purposes of this subparagraph, 34 any of the underlying crimes need not be a qualifying offense as defined 35 in this subdivision. For the purposes of this paragraph, "harm to an 36 identifiable person or property" shall include but not be limited to 37 theft of or damage to property. However, based upon a review of the 38 facts alleged in the accusatory instrument, if the court determines that 39 such theft is negligible and does not appear to be in furtherance of 40 other criminal activity, the principal shall be released on [his or her] 41 their own recognizance or under appropriate non-monetary conditions; 42 [or] 43 (xxi) criminal possession of a weapon in the third degree as defined 44 in subdivision three of section 265.02 of the penal law or criminal sale 45 of a firearm to a minor as defined in section 265.16 of the penal 46 law[.]; or 47 (xxii) coordinated petit larceny as defined in section 155.27 of the 48 penal law. 49 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 50 criminal procedure law, paragraph (t) as amended and paragraph (u) as 51 added by section 4 of subpart B of part UU of chapter 56 of the laws of 52 2022, are amended and a new paragraph (v) is added to read as follows: 53 (t) any felony or class A misdemeanor involving harm to an identifi- 54 able person or property, or any charge of criminal possession of a 55 firearm as defined in section 265.01-b of the penal law, where such 56 charge arose from conduct occurring while the defendant was released on 

 S. 2535 3 1 [his or her] their own recognizance, released under conditions, or had 2 yet to be arraigned after the issuance of a desk appearance ticket for a 3 separate felony or class A misdemeanor involving harm to an identifiable 4 person or property, or any charge of criminal possession of a firearm as 5 defined in section 265.01-b of the penal law, provided, however, that 6 the prosecutor must show reasonable cause to believe that the defendant 7 committed the instant crime and any underlying crime. For the purposes 8 of this subparagraph, any of the underlying crimes need not be a quali- 9 fying offense as defined in this subdivision. For the purposes of this 10 paragraph, "harm to an identifiable person or property" shall include 11 but not be limited to theft of or damage to property. However, based 12 upon a review of the facts alleged in the accusatory instrument, if the 13 court determines that such theft is negligible and does not appear to be 14 in furtherance of other criminal activity, the principal shall be 15 released on [his or her] their own recognizance or under appropriate 16 non-monetary conditions; [or] 17 (u) criminal possession of a weapon in the third degree as defined in 18 subdivision three of section 265.02 of the penal law or criminal sale of 19 a firearm to a minor as defined in section 265.16 of the penal law[.]; 20 or 21 (v) coordinated petit larceny as defined in section 155.27 of the 22 penal law. 23 § 5. The executive law is amended by adding a new section 837-y to 24 read as follows: 25 § 837-y. Larceny public awareness campaign. 1. The division shall 26 produce a public awareness campaign on larceny. Such campaign shall 27 include, but not be limited to, informing the public on coordinated 28 petit larceny as defined in section 155.27 of the penal law. 29 2. The public awareness campaign produced under subdivision one of 30 this section shall run for at least one year and shall begin within one 31 year of the effective date of this section. 32 § 6. This act shall take effect immediately; provided, however, 33 sections one, two, three, and four of this act shall take effect on the 34 ninetieth day after they shall have become a law; and provided further, 35 however, that section five of this act shall expire and be deemed 36 repealed two years after it shall have become a law.