S1508-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1508-2013 Memo

BILL NUMBER:S1508

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.

S1508-2013 Text

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

                                    1508

                         2013-2014 Regular Sessions

                              I N  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.