Bill Text: NY S02625 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases the penalties for multiple violations involving the theft of a motor vehicle; second offense for auto theft to be a class D felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-27 - REFERRED TO CODES [S02625 Detail]

Download: New_York-2011-S02625-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2625
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 27, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 grand  larceny  and  unau-
         thorized  use  of  a  vehicle  and  repealing subdivision 1 of section
         165.05 of such law relating thereto
         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
    5  she:
    6    1. steals property and:
    7    [1.]  (A)  when  the  value  of  the  property  exceeds three thousand
    8  dollars, or
    9    [2.] (B) the property is an automated teller machine or  the  contents
   10  of an automated teller machine; OR
   11    2.  COMMITS THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED
   12  IN  SUBDIVISION  EIGHT  OF  SECTION  155.30 OF THIS ARTICLE AND HAS BEEN
   13  PREVIOUSLY CONVICTED OF THE CRIME OF GRAND LARCENY IN THE FOURTH  DEGREE
   14  AS DEFINED IN SUCH SUBDIVISION.
   15    Grand larceny in the third degree is a class D felony.
   16    S 2. Subdivision 1 of section 165.05 of the penal law is REPEALED.
   17    S  3.  Section  165.06 of the penal law, as amended by chapter 413  of
   18  the laws of 1982, is amended to read as follows:
   19  S 165.06 Unauthorized use of a vehicle in the second degree.
   20     A person is guilty of unauthorized use of a  vehicle  in  the  second
   21  degree when:
   22     He  commits  the  crime of unauthorized use of a vehicle in the third
   23  degree as defined in subdivision [one] TWO of  section  165.05  of  this
   24  article  and  has been previously convicted of THIS SECTION OR the crime
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07295-01-1
       S. 2625                             2
    1  of unauthorized use of a vehicle in  the  third  degree  as  defined  in
    2  subdivision  [one] TWO of section 165.05 [or second degree]OF THIS ARTI-
    3  CLE within the preceding ten years.
    4     Unauthorized use of a vehicle in the second degree is a class E felo-
    5  ny.
    6    S 4. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.