New York S 989: Relates to the establishment of the New York Health Benefit Exchange

Bill Text

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S00989 Summary:

BILL NOS00989A

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SAME ASSAME AS A08932

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SPONSORROLISON

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COSPNSRBORRELLO, GALLIVAN, HELMING, LANZA, MARTINS, MATTERA, MURRAY, OBERACKER, O'MARA, PALUMBO, STEC,
 TEDISCO, WALCZYK, WEBER, WEIK

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MLTSPNSR

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Add §120.26, Pen L; amd §§510.10, 530.20 & 530.40, CP L

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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.

Go to top S00989 Actions:

BILL NOS00989A

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01/08/2025REFERRED TO CODES

03/06/2025AMEND AND RECOMMIT TO CODES

03/06/2025PRINT NUMBER 989A

01/07/2026REFERRED TO CODES

Go to topS00989 Committee&nbspVotes:

Go to topS00989 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00989 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 989--A

 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 -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01593-03-5

 S. 989--A 2

 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