Relates to the crime of unauthorized use of a motor vehicle; adds other motor vehicle related crimes as predicate crimes which may increase punishment for unauthorized use of a motor vehicle in the second degree when one is convicted of such crimes within the preceding ten years.

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S1042-2011 Actions

• Mar 22, 2012: referred to codes
• Mar 22, 2012: DELIVERED TO ASSEMBLY
• Mar 22, 2012: PASSED SENATE
• Feb 7, 2012: ADVANCED TO THIRD READING
• Feb 6, 2012: 2ND REPORT CAL.
• Jan 31, 2012: 1ST REPORT CAL.155
• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Feb 14, 2011: referred to codes
• Feb 14, 2011: DELIVERED TO ASSEMBLY
• Feb 14, 2011: PASSED SENATE
• Feb 8, 2011: ADVANCED TO THIRD READING
• Feb 7, 2011: 2ND REPORT CAL.
• Feb 1, 2011: 1ST REPORT CAL.59
• Jan 5, 2011: REFERRED TO CODES

S1042-2011 Meetings

Codes: Jan 31, 2012, Codes: Feb 1, 2011

S1042-2011 Calendars

Active List: Feb 14, 2011 , Active List: Mar 22, 2012 , Floor Calendar: Feb 6, 2012 , Floor Calendar: Feb 7, 2011 , Floor Calendar: Feb 7, 2012 , Floor Calendar: Feb 8, 2011 , Floor Calendar: Feb 13, 2012 , Floor Calendar: Feb 14, 2011 , Floor Calendar: Feb 14, 2012 , Floor Calendar: Feb 15, 2012 , Floor Calendar: Feb 29, 2012 , Floor Calendar: Mar 1, 2012 , Floor Calendar: Mar 5, 2012 , Floor Calendar: Mar 6, 2012 , Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 12, 2012 , Floor Calendar: Mar 13, 2012 , Floor Calendar: Mar 14, 2012 , Floor Calendar: Mar 15, 2012 , Floor Calendar: Mar 19, 2012 , Floor Calendar: Mar 20, 2012 , Floor Calendar: Mar 21, 2012 , Floor Calendar: Mar 22, 2012

S1042-2011 Votes

S1042-2011 Memo

BILL NUMBER:S1042

TITLE OF BILL:

An act
to amend the penal law, in relation to the crime of unauthorized use of
a motor vehicle in the second degree

PURPOSE:

Expands the list of predicate crimes for the charge of unauthorized
use of a motor vehicle in the second degree.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 165.06 of the Penal Law, to include
unauthorized use of a motor vehicle in the first degree, grand
larceny of a motor vehicle, criminal possession of a motor vehicle,
auto stripping or illegal possession of a vehicle identification
number as predicate convictions for the unauthorized use of a vehicle
in the second degree.

Section 2. Effective date.

JUSTIFICATION:

Under current law, a person may be charged with the crime of
unauthorized use of a vehicle in the second degree if he or she has a
prior conviction for unauthorized use within a 10 year period of the
new offense. However, this enhancement does not apply if a
defendant's prior convictions include more serious offenses such as
grand larceny, or other vehicle related crimes. This bill corrects
this shortcoming by including the offenses of unauthorized use of a
vehicle in the first degree, grand larceny, criminal possession, auto
stripping, or illegal possession of a vehicle identification number
among the predicate convictions for charge enhancement.

LEGISLATIVE HISTORY:

2002 - A.8625 - Referred to Codes
2004 - A.2914 - Referred to Codes
2006 - S.3291 - Referred to Codes
2008 - S.2278 - Referred to Codes
2010 - S.1899-A - Passed Senate - A.490-A Referred to Codes

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect on the 90th day after becoming law.

S1042-2011 Text

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

                                    1042

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced by Sens. KLEIN, DIAZ, HUNTLEY, PARKER, SAMPSON, SMITH, STAVI-
    SKY  -- read twice and ordered printed, and when printed to be commit-
    ted to the Committee on Codes

  AN ACT to amend the penal law, in relation to the crime of  unauthorized
    use of a motor vehicle in the second degree

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


    Section 1. Section 165.06 of the penal law, as amended by chapter  413
  of the laws of 1982, is amended to read as follows:

  S 165.06 Unauthorized use of a vehicle in the second degree.
    A  person  is  guilty  of  unauthorized use of a vehicle in the second
  degree when:

    He OR SHE commits the crime of unauthorized use of a  vehicle  in  the
  third  degree  as  defined  in subdivision one of section 165.05 of this
  article and has been previously convicted of the crime  of  unauthorized
  use of a vehicle [in the third degree] as defined in [subdivision one of
  section  165.05  or  second degree] SECTIONS 165.05, 165.06, AND 165.08,
  AUTO STRIPPING AS DEFINED IN SECTIONS 165.09, 165.10, AND 165.11,  GRAND
  LARCENY  OF  A  MOTOR  VEHICLE  AS  DEFINED  IN SECTIONS 155.30, 155.35,
  155.40, AND 155.42, CRIMINAL POSSESSION OF STOLEN PROPERTY AS DEFINED IN
  SECTIONS 165.40, 165.45, 165.50, 165.52,   AND  165.54  AND  THE  STOLEN
  PROPERTY  CONSISTED OF A MOTOR VEHICLE, OR ILLEGAL POSSESSION OF A VEHI-
  CLE IDENTIFICATION NUMBER  AS  DEFINED  IN  SECTION  170.70  within  the
  preceding ten years.
    Unauthorized  use of a vehicle in the second degree is a class E felo-
  ny.
    S 2. This act shall take effect on the ninetieth day  after  it  shall
  have become a law.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04358-01-1