Bill Text: NY S04022 | 2015-2016 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 0000-00-00 - [S04022 Detail]

Download: New_York-2015-S04022-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4022
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 26, 2015
                                       ___________
        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  § 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    §  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  § 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.
                                                                   LBD03318-01-5