BILL NUMBER:S1422

TITLE OF BILL:

An act
to amend the penal law, in relation to grand larceny in the third
degree

SUMMARY OF PROVISIONS:

This bill would amend section 155.35 of the Penal law (grand larceny
in the third degree, a class 0 felony) by including within its
provisions the taking of property, regardless of its nature and
value, from persons sixty-five or older by those more than ten years
younger than the victim. At present, such conduct is punishable
pursuant to Penal Law § 155.30 (grand larceny in the fourth degree, a
class E felony).

JUSTIFICATION:

The State Legislature has recently taken strong action to better
protect the senior citizens of New York State by upgrading the crime
of assault to a class D felony when it is committed against a person
who is 65 years of age or older by another person who is more than
ten years younger than the victim. The Legislature is to be commended
for taking this reasonable and necessary step, but the corollary
              

measure contained in this bill addresses an equally compelling need -
amendment of Penal Law to offer similar protection to elderly victims
of the crime of grand larceny by effectively increasing the penalty
(from a class E to a class D felony) for those who take property from
the person of an elderly victim.

Last year, there were two particularly heinous attacks on elderly New
Yorkers, which involved attempts to steal property from two elderly
victims. These attacks were properly classified and charged as
assaults, among other crimes. However, there
are other situations where some or all of the elements of the crime of
assault may be absent, making enhanced protection for elderly victims
unavailable. The selection of an elderly person as the victim of a
mugging, even without a demonstrable intent to cause physical injury
on the part of the attacker, compels equal concern. It is necessary
not only to upgrade the penalty for assault, but also for grand
larceny from the person, in order to allow elderly New Yorkers to go
about their business without fear. Where a thief snatches a purse
from the arm of an elderly victim, both physical and psychological
damage ensues, whether or not the damage rises to the level of
"physical injury" required for charging the crime of assault.
Criminals must be placed on notice that the choice of an elderly
victim carries much greater consequences than does targeting a victim
more likely to be able to prevent the theft or defend themselves.

PRIOR LEGISLATIVE HISTORY:

2007-2008: S.8399 - Referred to Rules, Passed Senate
2009-2010: S/2112 - Referred to Codes


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

90 days after it becomes law.