Bill S1543-2011

Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle

Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle.

Details

Actions

  • Mar 22, 2012: referred to codes
  • Mar 22, 2012: DELIVERED TO ASSEMBLY
  • Mar 22, 2012: PASSED SENATE
  • Mar 15, 2012: ADVANCED TO THIRD READING
  • Mar 14, 2012: 2ND REPORT CAL.
  • Mar 13, 2012: 1ST REPORT CAL.339
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • May 3, 2011: referred to codes
  • May 3, 2011: DELIVERED TO ASSEMBLY
  • May 3, 2011: PASSED SENATE
  • Apr 11, 2011: ADVANCED TO THIRD READING
  • Apr 6, 2011: 2ND REPORT CAL.
  • Apr 5, 2011: 1ST REPORT CAL.306
  • Jan 10, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 5, 2011
Ayes (11): Saland, DeFrancisco, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Perkins, Espaillat
Ayes W/R (1): Duane
Nays (1): Parker
Excused (3): Flanagan, Huntley, Squadron
VOTE: COMMITTEE VOTE: - Codes - Mar 13, 2012
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane
Nays (1): Parker

Memo

BILL NUMBER:S1543

TITLE OF BILL: An act to amend the public authorities law, in relation to requiring the metropolitan transportation authority to hold a public hearing prior to the awarding of a sole source contract

PURPOSE OR GENERAL IDEA OF BILL: This amendment requires the New York city transit authority to hold a public hearing prior to awarding a sole source contract without competitive bidding thereon.

SUMMARY OF SPECIFIC PROVISIONS: This bill would amend Section 1265-b of the public authorities law.

JUSTIFICATION: New York State law regarding competitive bidding procedures by the Metropolitan Transportation Authority (MTA) for Metro-Card Automated Vending Machines (AVMS).

The MTA never entertained competitive bids for the 500 AVMS ordered from Cubic in 1993 or in 1996 when the order was doubled to 1,000 AVMS. These are two possible violations of the New York State public Authorities Law governing competitive bidding procedures. The MTA then approved a $5 million contract with Cubic's partner, Electronic Data systems (EDS), to oversee Cubic's performance.

It is fiscally prudent for the MTA to participate in competitive bidding procedures, especially where sole source contracts are awarded. Lack of such participation raises serious questions among the tax-payers of New York. A public hearing would grant the public an opportunity to be better informed of such contracts and give them an opportunity to express their opinions on the matter.

PRIOR LEGISLATIVE HISTORY: S.1770 (2011-12) Referred to Transportation S.5056 (2009-10) Referred to Transportation; Finance A.4712 (2007-08) Referred to Corporations, Authorities and Commissions A.9665 (2005-06) Referred to Corporations, Authorities and Commissions A.5854 (2003-04) Referred to Corporations, Authorities and Commissions A.5303 (2001-02) Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1543 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. SKELOS -- 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 theft of a motor vehi- cle while a child is present therein THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: S 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he or she steals property and WHEN: 1. [when] the value of the property exceeds three thousand dollars[,]; or 2. the property is an automated teller machine or the contents of an automated teller machine[.]; OR 3. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AND, DURING THE COMMISSION OF SUCH OFFENSE, A CHILD UNDER THE AGE OF SIXTEEN YEARS IS PRESENT IN OR ON SUCH MOTOR VEHICLE. Grand larceny in the third degree is a class D felony. S 2. Section 155.42 of the penal law, as added by chapter 515 of the laws of 1986, is amended to read as follows: S 155.42 Grand larceny in the first degree. A person is guilty of grand larceny in the first degree when he OR SHE steals property and when [the]: 1. THE value of the property exceeds one million dollars[.]; OR 2. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, IS OBTAINED BY EXTORTION COMMITTED BY INSTILLING IN THE VICTIM A FEAR THAT THE ACTOR OR ANOTHER PERSON WILL CAUSE PHYSICAL INJURY TO SOME PERSON, IN THE FUTURE, AND A CHILD UNDER THE AGE OF SIXTEEN YEARS IS
PRESENT IN OR ON SUCH MOTOR VEHICLE DURING THE COMMISSION OF SUCH OFFENSE. Grand larceny in the first degree is a class B felony. S 3. Section 160.15 of the penal law, as amended by chapter 374 of the laws of 1973, is amended to read as follows: S 160.15 Robbery in the first degree. A person is guilty of robbery in the first degree when he OR SHE forcibly steals property and when[, in]: 1. IN the course of the commission of the crime or of immediate flight therefrom, he, SHE or another participant in the crime: [1.] (A) Causes serious physical injury to any person who is not a participant in the crime; or [2.] (B) Is armed with a deadly weapon; or [3.] (C) Uses or threatens the immediate use of a dangerous instru- ment; or [4.] (D) Displays what appears to be a pistol, revolver, rifle, shot- gun, machine gun or other firearm; except that in any prosecution under this [subdivision] PARAGRAPH, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this [subdivision] PARAGRAPH shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime[.]; OR 2. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AND, DURING THE COMMISSION OF SUCH OFFENSE, A CHILD UNDER THE AGE OF SIXTEEN YEARS IS PRESENT IN OR ON SUCH MOTOR VEHICLE. Robbery in the first degree is a class B felony. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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