S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2602

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. SALADINO
  -- read once and referred to the Committee on Codes

AN  ACT  to  amend  the  penal  law  and  the criminal procedure law, in
  relation to providing for mandatory terms of  imprisonment  for  grand
  larceny of a motor vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section  70.17  to
read as follows:
S 70.17 ADDITIONAL MANDATORY SENTENCE OF IMPRISONMENT.
  1.  ANY  DEFENDANT  WHO  IS  FOUND  GUILTY  OF  OR  PLEADS GUILTY TO A
VIOLATION OF ANY OF THE PROVISIONS OF SECTION 155.30, 155.35  OR  155.40
OF  THIS CHAPTER INVOLVING THEFT OF A MOTOR VEHICLE SHALL IN ADDITION TO
THE PENALTY PRESCRIBED BY ANY OTHER PROVISION OF LAW, BE SENTENCED TO  A
MANDATORY TERM OF IMPRISONMENT OF NOT LESS THAN FIVE YEARS, SUCH TERM TO
RUN  CONSECUTIVELY WITH RESPECT TO ANY OTHER TERM THAT MAY BE IMPOSED BY
THE COURT.
  2. ANY PERSON SERVING A MINIMUM SENTENCE  INCREASED  BY  THIS  SECTION
SHALL  NOT  BE  RELEASED PURSUANT TO SECTION 70.40 OF THIS ARTICLE UNTIL
SUCH MINIMUM SENTENCE SHALL HAVE BEEN SERVED.
  S 2. Subdivision 4 of section 180.75 of the criminal procedure law, as
amended by chapter 264 of the laws  of  2003,  is  amended  to  read  as
follows:
  4.  Notwithstanding  the  provisions  of subdivisions two and three of
this section, a local criminal  court  shall,  at  the  request  of  the
district  attorney, order removal of an action against a juvenile offen-
der to the family court pursuant to  the  provisions  of  article  seven
hundred twenty-five of this chapter if, upon consideration of the crite-
ria  specified  in  subdivision  two of section 210.43 of this [chapter]
PART, it is determined that to do  so  would  be  in  the  interests  of
justice.    Where,  however,  the  felony complaint charges the juvenile

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07346-01-5
              

A. 2602                             2

offender with THEFT OF A MOTOR VEHICLE AS  DEFINED  IN  SECTION  155.30,
155.35  OR  155.40  OF  THE PENAL LAW, OR murder in the second degree as
defined in section 125.25 of the penal law, rape in the first degree  as
defined  in subdivision one of section 130.35 of the penal law, criminal
sexual act in the first degree as defined in subdivision one of  section
130.50  of the penal law, or an armed felony as defined in paragraph (a)
of subdivision forty-one of section 1.20 of  this  chapter,  a  determi-
nation  that  such action be removed to the family court shall, in addi-
tion, be based upon a finding of one or more of the  following  factors:
(i) mitigating circumstances that bear directly upon the manner in which
the  crime  was  committed; or (ii) where the defendant was not the sole
participant in the crime, the defendant's participation  was  relatively
minor  although  not  so  minor as to constitute a defense to the prose-
cution; or (iii) possible deficiencies in proof of the crime.
  S 3. Paragraph (c) of subdivision 5 of section 220.10 of the  criminal
procedure law, as amended by chapter 410 of the laws of 1979, is amended
to read as follows:
  (c)  Where the indictment charges a felony, other than a class A felo-
ny  or class B felony defined in article two hundred twenty of the penal
law or class B or class C violent felony offense as defined in  subdivi-
sion  one of section 70.02 of the penal law, OR THEFT OF A MOTOR VEHICLE
AS DEFINED IN SECTION 155.30, 155.35 OR 155.40 OF THE PENAL LAW, and  it
appears  that the defendant has previously been subjected to a predicate
felony conviction as defined in [penal law] section 70.06 OF  THE  PENAL
LAW  then  any  plea  of guilty entered pursuant to subdivision three or
four must be or must include at least a plea of guilty of a felony.
  S 4. Subparagraph (vi) of paragraph (b) of subdivision  3  of  section
220.30  of  the criminal procedure law, as amended by chapter 481 of the
laws of 1978 and renumbered by chapter 233  of  the  laws  of  1980,  is
amended to read as follows:
  (vi)  A plea of guilty, whether to the entire indictment or to part of
the indictment for any crime other than a felony, may not be accepted on
the  condition that it constitutes a complete disposition of one or more
other indictments against the defendant wherein is  charged  a  class  B
felony  other than a class B violent felony offense as defined in subdi-
vision one of section 70.02 of the penal law, OR THEFT OF A MOTOR  VEHI-
CLE AS DEFINED IN SECTION 155.30, 155.35 OR 155.40 OF THE PENAL LAW.
  S 5. Subdivision 2 of section 720.10 of the criminal procedure law, as
amended  by chapter 416 of the laws of 1986 and paragraph (a) as amended
by chapter 316 of the laws of 2006, is amended to read as follows:
  2.  "Eligible youth" means a youth who  is  eligible  to  be  found  a
youthful offender.  Every youth is so eligible unless:
  (a)  the  conviction  to be replaced by a youthful offender finding is
for (i) a class A-I or class A-II felony, or (ii)  an  armed  felony  as
defined  in subdivision forty-one of section 1.20, except as provided in
subdivision three, or (iii) rape in the first  degree,  criminal  sexual
act  in the first degree, or aggravated sexual abuse, except as provided
in subdivision three, or
  (b) such youth has previously been convicted and sentenced for a felo-
ny, or
  (c)  such youth has previously been adjudicated  a  youthful  offender
following  conviction  of  a  felony or has been adjudicated on or after
September first, nineteen hundred seventy-eight  a  juvenile  delinquent
who  committed  a  designated  felony act as defined in the family court
act, OR

A. 2602                             3

  (D) SUCH YOUTH HAS BEEN CONVICTED OF  THEFT  OF  A  MOTOR  VEHICLE  AS
DEFINED IN SECTION 155.30, 155.35 OR 155.40 OF THE PENAL LAW.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.