New York S 3137: Relates to criminal possession of stolen property

Bill Text

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S03137 Summary:

BILL NOS03137 

&nbsp

SAME ASSAME AS A05616

&nbsp

SPONSORCOONEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§510.10, 530.20 & 530.40, CP L

&nbsp

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.

Go to top S03137 Actions:

BILL NOS03137 

&nbsp

01/23/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03137 Committee&nbspVotes:

Go to topS03137 Floor&nbspVotes:

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

Go to topS03137 Text:

 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 c