Bill Text: NY A04121 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that a prior conviction within the past two years for petit larceny shall raise a subsequent offense to grand larceny in the fourth degree.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced) 2024-01-03 - referred to codes [A04121 Detail]

Download: New_York-2023-A04121-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4121

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes

        AN  ACT  to  amend  the  penal  law, in relation to grand larceny in the
          fourth degree

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Section 155.30 of the penal law, as amended by chapter 515
     2  of the laws of 1986, subdivision 4 as amended by chapter 556 of the laws
     3  of 1987, subdivision 8 as amended by chapter 450 of the  laws  of  1990,
     4  subdivision 9 as amended by chapter 479 of the laws of 2010, subdivision
     5  10  as  added  by chapter 491 of the laws of 1992, and subdivision 11 as
     6  added by chapter 394 of the laws of 2005, is amended to read as follows:
     7  § 155.30 Grand Larceny in the fourth degree.
     8    A person is guilty of grand larceny  in  the  fourth  degree  when  he
     9  steals property and when:
    10    1. The value of the property exceeds one thousand dollars; or
    11    2.  The  property  consists  of a public record, writing or instrument
    12  kept, filed or deposited according to law with or in the keeping of  any
    13  public office or public servant; or
    14    3. The property consists of secret scientific material; or
    15    4. The property consists of a credit card or debit card; or
    16    5. The property, regardless of its nature and value, is taken from the
    17  person of another; or
    18    6.  The  property,  regardless of its nature and value, is obtained by
    19  extortion; or
    20    7. The property consists of one or more firearms, rifles or  shotguns,
    21  as such terms are defined in section 265.00 of this chapter; or
    22    8. The value of the property exceeds one hundred dollars and the prop-
    23  erty  consists  of  a  motor  vehicle, as defined in section one hundred
    24  twenty-five of the vehicle and traffic law, other than a motorcycle,  as
    25  defined in section one hundred twenty-three of such law; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07862-02-3
        A. 4121                             2

     1    9. The property consists of a scroll, religious vestment, a vessel, an
     2  item  comprising  a display of religious symbols which forms a represen-
     3  tative expression of faith, or  other  miscellaneous  item  of  property
     4  which:
     5    (a) has a value of at least one hundred dollars; and
     6    (b)  is  kept  for or used in connection with religious worship in any
     7  building, structure or upon the curtilage of such building or  structure
     8  used  as  a  place  of  religious worship by a religious corporation, as
     9  incorporated under the  religious  corporations  law  or  the  education
    10  law[.]; or
    11    10. The property consists of an access device which the person intends
    12  to use unlawfully to obtain telephone service[.]; or
    13    11.  The  property  consists of anhydrous ammonia or liquified ammonia
    14  gas and the actor intends to use, or knows  another  person  intends  to
    15  use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
    16  methamphetamine[.]; or
    17    12. The person has been previously convicted within the last two years
    18  of petit larceny under section 155.25 of this article.
    19    Grand larceny in the fourth degree is a class E felony.
    20    § 2. This act shall take effect immediately.