A 8932: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 8932 2025-2026 Regular Sessions  IN ASSEMBLY July 16, 2025 ___________ Introduced by M. of A. BEEPHAN -- read once and referred to the Commit- tee 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: 1 Section 1. The penal law is amended by adding a new section 120.26 to 2 read as follows: 3 § 120.26 Aggravated reckless endangerment. 4 A person is guilty of aggravated reckless endangerment when such 5 person knowingly possesses fentanyl or a fentanyl derivative and reck- 6 lessly exposes a first responder, correction officer, employee of a 7 correctional facility or active duty military personnel to such fentanyl 8 or fentanyl derivative in a manner that is likely to result in illness 9 or injury to such first responder, correction officer, employee of a 10 correctional facility or active duty military personnel. 11 Aggravated reckless endangerment is a class C felony. 12 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 13 criminal procedure law, paragraph (t) as amended and paragraph (u) as 14 added by section 2 of subpart B of part UU of chapter 56 of the laws of 15 2022, are amended and a new paragraph (v) is added to read as follows: 16 (t) any felony or class A misdemeanor involving harm to an identifi- 17 able person or property, or any charge of criminal possession of a 18 firearm as defined in section 265.01-b of the penal law, where such 19 charge arose from conduct occurring while the defendant was released on 20 [his or her] the defendant's own recognizance, released under condi- 21 tions, or had yet to be arraigned after the issuance of a desk appear- 22 ance ticket for a separate felony or class A misdemeanor involving harm EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01593-04-5 
 A. 8932 2 1 to an identifiable person or property, or any charge of criminal 2 possession of a firearm as defined in section 265.01-b of the penal law, 3 provided, however, that the prosecutor must show reasonable cause to 4 believe that the defendant committed the instant crime and any underly- 5 ing crime. For the purposes of this [subparagraph] paragraph, any of the 6 underlying crimes need not be a qualifying offense as defined in this 7 subdivision. For the purposes of this paragraph, "harm to an identifi- 8 able person or property" shall include but not be limited to theft of or 9 damage to property. However, based upon a review of the facts alleged in 10 the accusatory instrument, if the court determines that such theft is 11 negligible and does not appear to be in furtherance of other criminal 12 activity, the principal shall be released on [his or her] the princi- 13 pal's own recognizance or under appropriate non-monetary conditions; 14 [or] 15 (u) criminal possession of a weapon in the third degree as defined in 16 subdivision three of section 265.02 of the penal law or criminal sale of 17 a firearm to a minor as defined in section 265.16 of the penal law[.]; 18 or 19 (v) aggravated reckless endangerment as defined in section 120.26 of 20 the penal law. 21 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 22 section 530.20 of the criminal procedure law, paragraph (xx) as amended 23 and paragraph (xxi) as added by section 4 of subpart C of part UU of 24 chapter 56 of the laws of 2022, are amended and a new paragraph (xxii) 25 is added to read as follows: 26 (xx) any felony or class A misdemeanor involving harm to an identifi- 27 able person or property, or any charge of criminal possession of a 28 firearm as defined in section 265.01-b of the penal law where such 29 charge arose from conduct occurring while the defendant was released on 30 [his or her] the defendant's own recognizance, released under condi- 31 tions, or had yet to be arraigned after the issuance of a desk appear- 32 ance ticket for a separate felony or class A misdemeanor involving harm 33 to an identifiable person or property, provided, however, that the 34 prosecutor must show reasonable cause to believe that the defendant 35 committed the instant crime and any underlying crime. For the purposes 36 of this subparagraph, any of the underlying crimes need not be a quali- 37 fying offense as defined in this subdivision. For the purposes of this 38 [paragraph] subparagraph, "harm to an identifiable person or property" 39 shall include but not be limited to theft of or damage to property. 40 However, based upon a review of the facts alleged in the accusatory 41 instrument, if the court determines that such theft is negligible and 42 does not appear to be in furtherance of other criminal activity, the 43 principal shall be released on [his or her] the principal's own recogni- 44 zance or under appropriate non-monetary conditions; [or] 45 (xxi) criminal possession of a weapon in the third degree as defined 46 in subdivision three of section 265.02 of the penal law or criminal sale 47 of a firearm to a minor as defined in section 265.16 of the penal 48 law[.]; or 49 (xxii) aggravated reckless endangerment as defined in section 120.26 50 of the penal law. 51 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 52 criminal procedure law, paragraph (t) as amended and paragraph (u) as 53 added by section 4 of subpart B of part UU of chapter 56 of the laws of 54 2022, are amended and a new paragraph (v) is added to read as follows: 55 (t) any felony or class A misdemeanor involving harm to an identifi- 56 able person or property, or any charge of criminal possession of a 
 A. 8932 3 1 firearm as defined in section 265.01-b of the penal law, where such 2 charge arose from conduct occurring while the defendant was released on 3 [his or her] the defendant's own recognizance, released under condi- 4 tions, or had yet to be arraigned after the issuance of a desk appear- 5 ance ticket for a separate felony or class A misdemeanor involving harm 6 to an identifiable person or property, or any charge of criminal 7 possession of a firearm as defined in section 265.01-b of the penal law, 8 provided, however, that the prosecutor must show reasonable cause to 9 believe that the defendant committed the instant crime and any underly- 10 ing crime. For the purposes of this [subparagraph] paragraph, any of the 11 underlying crimes need not be a qualifying offense as defined in this 12 subdivision. For the purposes of this paragraph, "harm to an identifi- 13 able person or property" shall include but not be limited to theft of or 14 damage to property. However, based upon a review of the facts alleged in 15 the accusatory instrument, if the court determines that such theft is 16 negligible and does not appear to be in furtherance of other criminal 17 activity, the principal shall be released on [his or her] the princi- 18 pal's own recognizance or under appropriate non-monetary conditions; 19 [or] 20 (u) criminal possession of a weapon in the third degree as defined in 21 subdivision three of section 265.02 of the penal law or criminal sale of 22 a firearm to a minor as defined in section 265.16 of the penal law[.]; 23 or 24 (v) aggravated reckless endangerment as defined in section 120.26 of 25 the penal law. 26 § 5. This act shall take effect immediately.