S 989: 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 ________________________________________________________________________ 989 2025-2026 Regular Sessions  IN SENATE (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: 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 or correction officer to such fentanyl 7 or fentanyl derivative in a manner that is likely to result in illness 8 or injury to such first responder or correction officer. 9 Aggravated reckless endangerment is a class C felony. 10 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 11 criminal procedure law, paragraph (t) as amended and paragraph (u) as 12 added by section 2 of subpart B of part UU of chapter 56 of the laws of 13 2022, are amended and a new paragraph (v) is added to read as follows: 14 (t) any felony or class A misdemeanor involving harm to an identifi- 15 able person or property, or any charge of criminal possession of a 16 firearm as defined in section 265.01-b of the penal law, where such 17 charge arose from conduct occurring while the defendant was released on 18 [his or her] the defendant's own recognizance, released under condi- 19 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 1 ance ticket for a separate felony or class A misdemeanor involving harm 2 to an identifiable person or property, or any charge of criminal 3 possession of a firearm as defined in section 265.01-b of the penal law, 4 provided, however, that the prosecutor must show reasonable cause to 5 believe that the defendant committed the instant crime and any underly- 6 ing crime. For the purposes of this [subparagraph] paragraph, any of the 7 underlying crimes need not be a qualifying offense as defined in this 8 subdivision. For the purposes of this paragraph, "harm to an identifi- 9 able person or property" shall include but not be limited to theft of or 10 damage to property. However, based upon a review of the facts alleged in 11 the accusatory instrument, if the court determines that such theft is 12 negligible and does not appear to be in furtherance of other criminal 13 activity, the principal shall be released on [his or her] the princi- 14 pal's own recognizance or under appropriate non-monetary conditions; 15 [or] 16 (u) criminal possession of a weapon in the third degree as defined in 17 subdivision three of section 265.02 of the penal law or criminal sale of 18 a firearm to a minor as defined in section 265.16 of the penal law[.]; 19 or 20 (v) aggravated reckless endangerment as defined in section 120.26 of 21 the penal law. 22 § 3. Subparagraphs (xx) and (xxi) of paragraph (b) of subdivision 1 of 23 section 530.20 of the criminal procedure law, paragraph (xx) as amended 24 and paragraph (xxi) as added by section 4 of subpart C of part UU of 25 chapter 56 of the laws of 2022, are amended and a new paragraph (xxii) 26 is added to read as follows: 27 (xx) any felony or class A misdemeanor involving harm to an identifi- 28 able person or property, or any charge of criminal possession of a 29 firearm as defined in section 265.01-b of the penal law where such 30 charge arose from conduct occurring while the defendant was released on 31 [his or her] the defendant's own recognizance, released under condi- 32 tions, or had yet to be arraigned after the issuance of a desk appear- 33 ance ticket for a separate felony or class A misdemeanor involving harm 34 to an identifiable person or property, provided, however, that the 35 prosecutor must show reasonable cause to believe that the defendant 36 committed the instant crime and any underlying crime. For the purposes 37 of this subparagraph, any of the underlying crimes need not be a quali- 38 fying offense as defined in this subdivision. For the purposes of this 39 [paragraph] subparagraph, "harm to an identifiable person or property" 40 shall include but not be limited to theft of or damage to property. 41 However, based upon a review of the facts alleged in the accusatory 42 instrument, if the court determines that such theft is negligible and 43 does not appear to be in furtherance of other criminal activity, the 44 principal shall be released on [his or her] the principal's own recogni- 45 zance or under appropriate non-monetary conditions; [or] 46 (xxi) criminal possession of a weapon in the third degree as defined 47 in subdivision three of section 265.02 of the penal law or criminal sale 48 of a firearm to a minor as defined in section 265.16 of the penal 49 law[.]; or 50 (xxii) aggravated reckless endangerment as defined in section 120.26 51 of the penal law. 52 § 4. Paragraphs (t) and (u) of subdivision 4 of section 530.40 of the 53 criminal procedure law, paragraph (t) as amended and paragraph (u) as 54 added by section 4 of subpart B of part UU of chapter 56 of the laws of 55 2022, are amended and a new paragraph (v) is added to read as follows: 
 S. 989 3 1 (t) any felony or class A misdemeanor involving harm to an identifi- 2 able person or property, or any charge of criminal possession of a 3 firearm as defined in section 265.01-b of the penal law, where such 4 charge arose from conduct occurring while the defendant was released on 5 [his or her] the defendant's own recognizance, released under condi- 6 tions, or had yet to be arraigned after the issuance of a desk appear- 7 ance ticket for a separate felony or class A misdemeanor involving harm 8 to an identifiable person or property, or any charge of criminal 9 possession of a firearm as defined in section 265.01-b of the penal law, 10 provided, however, that the prosecutor must show reasonable cause to 11 believe that the defendant committed the instant crime and any underly- 12 ing crime. For the purposes of this [subparagraph] paragraph, any of the 13 underlying crimes need not be a qualifying offense as defined in this 14 subdivision. For the purposes of this paragraph, "harm to an identifi- 15 able person or property" shall include but not be limited to theft of or 16 damage to property. However, based upon a review of the facts alleged in 17 the accusatory instrument, if the court determines that such theft is 18 negligible and does not appear to be in furtherance of other criminal 19 activity, the principal shall be released on [his or her] the princi- 20 pal's own recognizance or under appropriate non-monetary conditions; 21 [or] 22 (u) criminal possession of a weapon in the third degree as defined in 23 subdivision three of section 265.02 of the penal law or criminal sale of 24 a firearm to a minor as defined in section 265.16 of the penal law[.]; 25 or 26 (v) aggravated reckless endangerment as defined in section 120.26 of 27 the penal law. 28 § 5. This act shall take effect immediately.