S 3137: Authorizes the court where there is criminal possession of stolen property to, in its discretion release the principal pending trial on the principal's own recognizance or under non-monetary conditions, fix bail, or order non-monetary conditions in conjunction with fixing bail, or, where the defendant is charged with a qualifying offense which is a felony, the court may commit the principal to the custody of the sheriff; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 3137 2025-2026 Regular Sessions  IN SENATE January 23, 2025 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed 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: 1 Section 1. Paragraphs (t) and (u) of subdivision 4 of section 510.10 2 of the criminal procedure law, paragraph (t) as amended and paragraph 3 (u) as added by section 2 of subpart B of part UU of chapter 56 of the 4 laws of 2022, are amended and two new paragraphs (v) and (w) are added 5 to read as follows: 6 (t) any felony or class A misdemeanor involving harm to an identifi- 7 able person or property, or any charge of criminal possession of a 8 firearm as defined in section 265.01-b of the penal law, where such 9 charge arose from conduct occurring while the defendant was released on 10 [his or her] their own recognizance, released under conditions, or had 11 yet to be arraigned after the issuance of a desk appearance ticket for a 12 separate felony or class A misdemeanor involving harm to an identifiable 13 person or property, or any charge of criminal possession of a firearm as 14 defined in section 265.01-b of the penal law, provided, however, that 15 the prosecutor must show reasonable cause to believe that the defendant 16 committed the instant crime and any underlying crime. For the purposes 17 of this subparagraph, any of the underlying crimes need not be a quali- 18 fying offense as defined in this subdivision. For the purposes of this 19 paragraph, "harm to an identifiable person or property" shall include 20 but not be limited to theft of or damage to property. However, based 21 upon a review of the facts alleged in the accusatory instrument, if the 22 court determines that such theft is negligible and does not appear to be 23 in furtherance of other criminal activity, the principal shall be 24 released on [his or her] their own recognizance or under appropriate 25 non-monetary conditions; [or] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03250-01-5 
 S. 3137 2 1 (u) criminal possession of a weapon in the third degree as defined in 2 subdivision three of section 265.02 of the penal law or criminal sale of 3 a firearm to a minor as defined in section 265.16 of the penal law[.]; 4 (v) criminal possession of stolen property in the fourth degree as 5 defined in section 165.45 of the penal law, criminal possession of 6 stolen property in the third degree as defined in section 165.50 of the 7 penal law, criminal possession of stolen property in the second degree 8 as defined in section 165.52 of the penal law, or criminal possession of 9 stolen property in the first degree as defined in section 165.54 of the 10 penal law; or 11 (w) grand larceny in the fourth degree as defined in section 155.30 of 12 the penal law, grand larceny in the third degree as defined in section 13 155.35 of the penal law, or grand larceny in the second degree as 14 defined in section 155.40 of the penal law. 15 § 2. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 16 section 530.20 of the criminal procedure law, subparagraph (xx) as 17 amended and subparagraph (xxi) as added by section 4 of subpart C of 18 part UU of chapter 56 of the laws of 2022, are amended and two new 19 subparagraphs (xxii) and (xxiii) are added to read as follows: 20 (xx) any felony or class A misdemeanor involving harm to an identifi- 21 able person or property, or any charge of criminal possession of a 22 firearm as defined in section 265.01-b of the penal law where such 23 charge arose from conduct occurring while the defendant was released on 24 [his or her] their own recognizance, released under conditions, or had 25 yet to be arraigned after the issuance of a desk appearance ticket for a 26 separate felony or class A misdemeanor involving harm to an identifiable 27 person or property, provided, however, that the prosecutor must show 28 reasonable cause to believe that the defendant committed the instant 29 crime and any underlying crime. For the purposes of this subparagraph, 30 any of the underlying crimes need not be a qualifying offense as defined 31 in this subdivision. For the purposes of this paragraph, "harm to an 32 identifiable person or property" shall include but not be limited to 33 theft of or damage to property. However, based upon a review of the 34 facts alleged in the accusatory instrument, if the court determines that 35 such theft is negligible and does not appear to be in furtherance of 36 other criminal activity, the principal shall be released on [his or her] 37 their own recognizance or under appropriate non-monetary conditions; 38 [or] 39 (xxi) criminal possession of a weapon in the third degree as defined 40 in subdivision three of section 265.02 of the penal law or criminal sale 41 of a firearm to a minor as defined in section 265.16 of the penal 42 law[.]; 43 (xxii) criminal possession of stolen property in the fourth degree as 44 defined in section 165.45 of the penal law, criminal possession of 45 stolen property in the third degree as defined in section 165.50 of the 46 penal law, criminal possession of stolen property in the second degree 47 as defined in section 165.52 of the penal law, or criminal possession of 48 stolen property in the first degree as defined in section 165.54 of the 49 penal law; or 50 (xxiii) grand larceny in the fourth degree as defined in section 51 155.30 of the penal law, grand larceny in the third degree as defined in 52 section 155.35 of the penal law, or grand larceny in the second degree 53 as defined in section 155.40 of the penal law. 54 § 3. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 55 criminal procedure law, paragraph (t) as amended and paragraph (u) as 56 added by section 4 of subpart B of part UU of chapter 56 of the laws of 
 S. 3137 3 1 2022, are amended and two new paragraphs (v) and (w) are added to read 2 as follows: 3 (t) any felony or class A misdemeanor involving harm to an identifi- 4 able person or property, or any charge of criminal possession of a 5 firearm as defined in section 265.01-b of the penal law, where such 6 charge arose from conduct occurring while the defendant was released on 7 [his or her] their own recognizance, released under conditions, or had 8 yet to be arraigned after the issuance of a desk appearance ticket for a 9 separate felony or class A misdemeanor involving harm to an identifiable 10 person or property, or any charge of criminal possession of a firearm as 11 defined in section 265.01-b of the penal law, provided, however, that 12 the prosecutor must show reasonable cause to believe that the defendant 13 committed the instant crime and any underlying crime. For the purposes 14 of this subparagraph, any of the underlying crimes need not be a quali- 15 fying offense as defined in this subdivision. For the purposes of this 16 paragraph, "harm to an identifiable person or property" shall include 17 but not be limited to theft of or damage to property. However, based 18 upon a review of the facts alleged in the accusatory instrument, if the 19 court determines that such theft is negligible and does not appear to be 20 in furtherance of other criminal activity, the principal shall be 21 released on [his or her] their own recognizance or under appropriate 22 non-monetary conditions; [or] 23 (u) criminal possession of a weapon in the third degree as defined in 24 subdivision three of section 265.02 of the penal law or criminal sale of 25 a firearm to a minor as defined in section 265.16 of the penal law[.]; 26 (v) criminal possession of stolen property in the fourth degree as 27 defined in section 165.45 of the penal law, criminal possession of 28 stolen property in the third degree as defined in section 165.50 of the 29 penal law, criminal possession of stolen property in the second degree 30 as defined in section 165.52 of the penal law, or criminal possession of 31 stolen property in the first degree as defined in section 165.54 of the 32 penal law; or 33 (w) grand larceny in the fourth degree as defined in section 155.30 of 34 the penal law, grand larceny in the third degree as defined in section 35 155.35 of the penal law, or grand larceny in the second degree as 36 defined in section 155.40 of the penal law. 37 § 4. This act shall take effect on the ninetieth day after it shall 38 have become a law.