Bill Text: NY S01543 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-03-22 - referred to codes [S01543 Detail]

Download: New_York-2011-S01543-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1543
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 10, 2011
                                      ___________
       Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to the theft of a motor vehi-
         cle while a child is present therein
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 155.35 of the penal law, as amended by chapter 464
    2  of the laws of 2010, is amended to read as follows:
    3  S 155.35 Grand larceny in the third degree.
    4    A person is guilty of grand larceny in the third degree when he or she
    5  steals property and WHEN:
    6    1. [when] the value of the property exceeds three thousand dollars[,];
    7  or
    8    2. the property is an automated teller machine or the contents  of  an
    9  automated teller machine[.]; OR
   10    3. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
   11  HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND TRAFFIC LAW, AND, DURING THE
   12  COMMISSION OF SUCH OFFENSE, A CHILD UNDER THE AGE OF  SIXTEEN  YEARS  IS
   13  PRESENT IN OR ON SUCH MOTOR VEHICLE.
   14    Grand larceny in the third degree is a class D felony.
   15    S  2.  Section 155.42 of the penal law, as added by chapter 515 of the
   16  laws of 1986, is amended to read as follows:
   17  S 155.42 Grand larceny in the first degree.
   18    A person is guilty of grand larceny in the first degree when he OR SHE
   19  steals property and when [the]:
   20    1. THE value of the property exceeds one million dollars[.]; OR
   21    2. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A MOTOR VEHICLE,
   22  AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
   23  LAW, IS OBTAINED BY EXTORTION COMMITTED BY INSTILLING IN  THE  VICTIM  A
   24  FEAR THAT THE ACTOR OR ANOTHER PERSON WILL CAUSE PHYSICAL INJURY TO SOME
   25  PERSON,  IN  THE  FUTURE,  AND A CHILD UNDER THE AGE OF SIXTEEN YEARS IS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06238-01-1
       S. 1543                             2
    1  PRESENT IN OR ON SUCH  MOTOR  VEHICLE  DURING  THE  COMMISSION  OF  SUCH
    2  OFFENSE.
    3    Grand larceny in the first degree is a class B felony.
    4    S 3. Section 160.15 of the penal law, as amended by chapter 374 of the
    5  laws of 1973, is amended to read as follows:
    6  S 160.15 Robbery in the first degree.
    7    A  person  is  guilty  of  robbery  in the first degree when he OR SHE
    8  forcibly steals property and when[, in]:
    9    1. IN the course of the commission of the crime or of immediate flight
   10  therefrom, he, SHE or another participant in the crime:
   11    [1.] (A) Causes serious physical injury to any person  who  is  not  a
   12  participant in the crime; or
   13    [2.] (B) Is armed with a deadly weapon; or
   14    [3.]  (C)  Uses  or threatens the immediate use of a dangerous instru-
   15  ment; or
   16    [4.] (D) Displays what appears to be a pistol, revolver, rifle,  shot-
   17  gun,  machine gun or other firearm; except that in any prosecution under
   18  this [subdivision] PARAGRAPH, it is an  affirmative  defense  that  such
   19  pistol, revolver, rifle, shotgun, machine gun or other firearm was not a
   20  loaded  weapon  from which a shot, readily capable of producing death or
   21  other serious physical injury, could be discharged. Nothing contained in
   22  this [subdivision] PARAGRAPH shall constitute a defense to a prosecution
   23  for, or preclude a conviction of, robbery in the second degree,  robbery
   24  in the third degree or any other crime[.]; OR
   25    2. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
   26  HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND TRAFFIC LAW, AND, DURING THE
   27  COMMISSION OF SUCH OFFENSE, A CHILD UNDER THE AGE OF  SIXTEEN  YEARS  IS
   28  PRESENT IN OR ON SUCH MOTOR VEHICLE.
   29    Robbery in the first degree is a class B felony.
   30    S 4. This act shall take effect on the first of November next succeed-
   31  ing the date on which it shall have become a law.