Bill Text: NY A03151 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the offense of unauthorized use of a vehicle in third degree.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Introduced - Dead) 2018-06-05 - held for consideration in codes [A03151 Detail]
Download: New_York-2017-A03151-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3151 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. RAIA, PALUMBO, SIMANOWITZ, DiPIETRO, GIGLIO, LALOR, FINCH -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GALEF, GOODELL, McKEVITT, OAKS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the offense of unauthor- ized use of a vehicle in third degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 165.05 of the penal law, as amended by chapter 413 2 of the laws of 1982, is amended to read as follows: 3 § 165.05 Unauthorized use of a vehicle in the third degree. 4 A person is guilty of unauthorized use of a vehicle in the third 5 degree when: 6 1. Knowing that he or she does not have the consent of the owner, he 7 or she takes, enters or remains in, operates, exercises control over, 8 rides in or otherwise uses a vehicle. A person who engages in any such 9 conduct without the consent of the owner is presumed to know that he or 10 she does not have such consent; or 11 2. Having custody of a vehicle pursuant to an agreement between 12 himself or herself or another and the owner thereof whereby he or she or 13 another is to perform for compensation a specific service for the owner 14 involving the maintenance, repair or use of such vehicle, he or she 15 intentionally uses or operates the same, without the consent of the 16 owner, for his or her own purposes in a manner constituting a gross 17 deviation from the agreed purpose; or 18 3. Having custody of a vehicle pursuant to an agreement with the owner 19 thereof whereby such vehicle is to be returned to the owner at a speci- 20 fied time, he or she intentionally retains or withholds possession ther- 21 eof, without the consent of the owner, for so lengthy a period beyond 22 the specified time as to render such retention or possession a gross 23 deviation from the agreement. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05855-01-7A. 3151 2 1 For purposes of this section "a gross deviation from the agreement" 2 shall consist of, but not be limited to, circumstances wherein a person 3 who having had custody of a vehicle for a period of fifteen days or less 4 pursuant to a written agreement retains possession of such vehicle for 5 at least seven days beyond the period specified in the agreement and 6 continues such possession for a period of more than two days after 7 service or refusal of attempted service of a notice in person or by 8 certified mail at an address indicated in the agreement stating (i) the 9 date and time at which the vehicle was to have been returned under the 10 agreement; (ii) that the owner does not consent to the continued with- 11 holding or retaining of such vehicle and demands its return; and that 12 continued withholding or retaining of the vehicle may constitute a class 13 A misdemeanor punishable by a fine of up to one thousand dollars or by a 14 sentence to a term of imprisonment for a period of up to one year or by 15 both such fine and imprisonment. 16 Unauthorized use of a vehicle in the third degree is a class A misde- 17 meanor. 18 § 2. This act shall take effect on the first of November next succeed- 19 ing the date upon which it shall have become a law.
