Bill Text: NY A04124 | 2025-2026 | General Assembly | Introduced
Bill Title: Establishes the crime of aggravated grand larceny as grand larceny in the fourth degree involving a motor vehicle.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-31 - referred to codes [A04124 Detail]
Download: New_York-2025-A04124-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4124 2025-2026 Regular Sessions IN ASSEMBLY January 31, 2025 ___________ Introduced by M. of A. REILLY -- read once and referred to the Committee on Codes AN ACT to amend the penal law and the criminal procedure law, in relation to establishing the crime of aggravated grand larceny 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 155.32 to 2 read as follows: 3 § 155.32 Aggravated grand larceny. 4 A person is guilty of aggravated grand larceny when such person 5 commits the crime of grand larceny in the fourth degree in violation of 6 subdivision eight of section 155.30 of this article and has been 7 convicted within the previous five years of grand larceny in the fourth 8 degree in violation of subdivision eight of section 155.30 of this arti- 9 cle. 10 Aggravated grand larceny is a class D felony. 11 § 2. Paragraphs (t) and (u) of subdivision 4 of section 510.10 of the 12 criminal procedure law, paragraph (t) as amended and paragraph (u) as 13 added by section 2 of subpart B of part UU of chapter 56 of the laws of 14 2022, are amended and two new paragraphs (v) and (w) are added to read 15 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 own recognizance, released under conditions, or had yet to be 21 arraigned after the issuance of a desk appearance ticket for a separate 22 felony or class A misdemeanor involving harm to an identifiable person 23 or property, or any charge of criminal possession of a firearm as 24 defined in section 265.01-b of the penal law, provided, however, that 25 the prosecutor must show reasonable cause to believe that the defendant EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03647-01-5A. 4124 2 1 committed the instant crime and any underlying crime. For the purposes 2 of this subparagraph, any of the underlying crimes need not be a quali- 3 fying offense as defined in this subdivision. For the purposes of this 4 paragraph, "harm to an identifiable person or property" shall include 5 but not be limited to theft of or damage to property. However, based 6 upon a review of the facts alleged in the accusatory instrument, if the 7 court determines that such theft is negligible and does not appear to be 8 in furtherance of other criminal activity, the principal shall be 9 released on his or her own recognizance or under appropriate non-mone- 10 tary conditions; [or] 11 (u) criminal possession of a weapon in the third degree as defined in 12 subdivision three of section 265.02 of the penal law or criminal sale of 13 a firearm to a minor as defined in section 265.16 of the penal law[.]; 14 (v) grand larceny in the fourth degree as defined in subdivision eight 15 of section 155.30 of the penal law where such charge arose from conduct 16 occurring while the defendant was released on their own recognizance, 17 released under conditions, or had yet to be arraigned after the issuance 18 of a desk appearance ticket for the crime of grand larceny in the fourth 19 degree as defined in subdivision eight of section 155.30 of the penal 20 law; or 21 (w) aggravated grand larceny as defined in section 155.32 of the penal 22 law. 23 § 3. Subparagraph (xv) of paragraph (b) of subdivision 1 of section 24 530.20 of the criminal procedure law, as amended by section 3 of part UU 25 of chapter 56 of the laws of 2020, is amended to read as follows: 26 (xv) grand larceny in the first degree as defined in section 155.42 of 27 the penal law, grand larceny in the fourth degree as defined in subdivi- 28 sion eight of section 155.30 of the penal law, aggravated grand larceny 29 as defined in section 155.32 of the penal law, enterprise corruption as 30 defined in section 460.20 of the penal law, or money laundering in the 31 first degree as defined in section 470.20 of the penal law; 32 § 4. Paragraph (o) of subdivision 4 of section 530.40 of the criminal 33 procedure law, as added by section 4 of part UU of chapter 56 of the 34 laws of 2020, is amended to read as follows: 35 (o) grand larceny in the first degree as defined in section 155.42 of 36 the penal law, grand larceny in the fourth degree as defined in subdivi- 37 sion eight of section 155.30 of the penal law, aggravated grand larceny 38 as defined in section 155.32 of the penal law, enterprise corruption as 39 defined in section 460.20 of the penal law, or money laundering in the 40 first degree as defined in section 470.20 of the penal law; 41 § 5. Paragraph (d) of subdivision 1 of section 722.23 of the criminal 42 procedure law, as added by section 1-a of part WWW of chapter 59 of the 43 laws of 2017, is amended to read as follows: 44 (d) The court shall deny the motion to prevent removal of the action 45 in youth part unless the court makes a determination upon such motion by 46 the district attorney that [extraordinary] one or more circumstances 47 exist that should prevent the transfer of the action to family court, 48 including, but not limited to, where the defendant is charged with grand 49 larceny in the fourth degree as defined in subdivision eight of section 50 155.30 of the penal law or aggravated grand larceny as defined in 51 section 155.32 of the penal law. 52 § 6. This act shall take effect immediately.
