Relates to the offense of unauthorized use of a vehicle in third degree.
Ayes (46): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Robach, Savino, Seward, Skelos, Smith, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (13): Dilan, Espaillat, Gianaris, Hoylman, Krueger, Montgomery, Peralta, Perkins, Rivera, Sanders, Serrano, Squadron, Stavisky
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the penal law, in relation to the offense of unauthorized use of a vehicle in third degree
PURPOSE: This bill will add that a person is guilty of unauthorized use of a vehicle in the third degree if he or she enters in or remains in a vehicle knowing that the owner has not given consent.
SUMMARY OF PROVISIONS: Section 165.05 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to provide that a person is guilty of unauthorized use of a vehicle in the third degree if he or she enters in or remains in a vehicle knowing that the owner has not given consent.
JUSTIFICATION: Incidents of unlawful vehicle entry is rising. Individuals search for unlocked vehicles and rummage for purses, wallets, or anything of value. Under current law, if law enforcement comes upon or is alerted to such a crime and nothing has been taken yet, the perpetrator cannot be accurately charged with unauthorized use of a vehicle in the third degree for simply entering or remaining in the vehicle without the owner's consent.
This legislation would provide law enforcement with a stronger tool in charging individuals who often repeatedly target vehicles for their contents.
LEGISLATIVE HISTORY: S.6397 of 2012.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1508 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. MARCELLINO -- 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 offense of unauthor- ized use of a vehicle in third degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 165.05 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to read as follows: S 165.05 Unauthorized use of a vehicle in the third degree. A person is guilty of unauthorized use of a vehicle in the third degree when: 1. Knowing that he OR SHE does not have the consent of the owner, he OR SHE takes, ENTERS OR REMAINS IN, operates, exercises control over, rides in or otherwise uses a vehicle. A person who engages in any such conduct without the consent of the owner is presumed to know that he OR SHE does not have such consent; or 2. Having custody of a vehicle pursuant to an agreement between himself OR HERSELF or another and the owner thereof whereby he OR SHE or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he OR SHE intentionally uses or operates the same, without the consent of the owner, for his OR HER own purposes in a manner constituting a gross deviation from the agreed purpose; or 3. Having custody of a vehicle pursuant to an agreement with the owner thereof whereby such vehicle is to be returned to the owner at a speci- fied time, he OR SHE intentionally retains or withholds possession ther- eof, without the consent of the owner, for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03316-01-3 S. 1508 2
For purposes of this section "a gross deviation from the agreement" shall consist of, but not be limited to, circumstances wherein a person who having had custody of a vehicle for a period of fifteen days or less pursuant to a written agreement retains possession of such vehicle for at least seven days beyond the period specified in the agreement and continues such possession for a period of more than two days after service or refusal of attempted service of a notice in person or by certified mail at an address indicated in the agreement stating (i) the date and time at which the vehicle was to have been returned under the agreement; (ii) that the owner does not consent to the continued with- holding or retaining of such vehicle and demands its return; and that continued withholding or retaining of the vehicle may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment. Unauthorized use of a vehicle in the third degree is a class A misde- meanor. S 2. This act shall take effect on the first of November next succeed- ing the date upon which it shall have become a law.