Bill Text: NY A02948 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to the crimes of criminal possession of stolen property in the third degree and grand larceny in the third degree

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A02948 Detail]

Download: New_York-2009-A02948-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2948
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced  by M. of A. McENENY -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in relation to  the  crimes  of  criminal
         possession of stolen property in the third degree and grand larceny in
         the third degree
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 165.50 of the penal law, as amended by chapter  515
    2  of the laws of 1986, is amended to read as follows:
    3  S 165.50 Criminal possession of stolen property in the third degree.
    4    1. A person is guilty of criminal possession of stolen property in the
    5  third degree when he knowingly possesses stolen property, with intent to
    6  benefit himself or a person other than an owner thereof or to impede the
    7  recovery by an owner thereof, and when the:
    8    (A) value of the property exceeds three thousand dollars; OR
    9    (B) PROPERTY CONSISTS OF AN ITEM OR ITEMS TAKEN FROM A MUSEUM, HISTOR-
   10  ICAL  SOCIETY,  HISTORICAL  SITE  OR  CEMETERY  OF A VALUE EXCEEDING ONE
   11  HUNDRED DOLLARS, EXCLUDING NONHISTORICAL PROPERTY.
   12    2. FOR THE PURPOSES OF THIS SECTION:
   13    (A) "ITEM TAKEN FROM A CEMETERY" SHALL INCLUDE THE TAKING OF  A  HEAD-
   14  STONE, MONUMENT OR HISTORICALLY SIGNIFICANT PLAQUE;
   15    (B)  "NONHISTORICAL  PROPERTY" SHALL INCLUDE ITEMS FROM A MUSEUM BOOK-
   16  SHOP, ITEMS FROM A MUSEUM WHICH DO NOT PERTAIN TO OR ARE NOT PART  OF  A
   17  COLLECTION AND COMMON GRAVE SITE ITEMS SUCH AS FLOWERS OR FLAGS.
   18    Criminal  possession of stolen property in the third degree is a class
   19  D felony.
   20    S 2. Section 155.35 of the penal law, as amended by chapter 515 of the
   21  laws of 1986, is amended to read as follows:
   22  S 155.35 Grand larceny in the third degree.
   23    1. A person is guilty of grand larceny in the  third  degree  when  he
   24  steals property and when the:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04629-01-9
       A. 2948                             2
    1    (A) value of the property exceeds three thousand dollars; OR
    2    (B) PROPERTY CONSISTS OF AN ITEM OR ITEMS TAKEN FROM A MUSEUM, HISTOR-
    3  ICAL  SOCIETY,  HISTORICAL  SITE  OR  CEMETERY  OF A VALUE EXCEEDING ONE
    4  HUNDRED DOLLARS, EXCLUDING NONHISTORICAL PROPERTY.
    5    2. FOR THE PURPOSES OF THIS SECTION:
    6    (A) "ITEM TAKEN FROM A CEMETERY" SHALL INCLUDE THE TAKING OF  A  HEAD-
    7  STONE, MONUMENT OR HISTORICALLY SIGNIFICANT PLAQUE;
    8    (B)  "NONHISTORICAL  PROPERTY" SHALL INCLUDE ITEMS FROM A MUSEUM BOOK-
    9  SHOP, ITEMS FROM A MUSEUM WHICH DO NOT PERTAIN TO OR ARE NOT PART  OF  A
   10  COLLECTION AND COMMON GRAVE SITE ITEMS SUCH AS FLOWERS OR FLAGS.
   11    Grand larceny in the third degree is a class D felony.
   12    S 3. This act shall take effect on the first of November next succeed-
   13  ing the date on which it shall have become a law.