Bill S1905-2013

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 13, 2014: referred to codes
  • Mar 13, 2014: DELIVERED TO ASSEMBLY
  • Mar 13, 2014: PASSED SENATE
  • Mar 4, 2014: ADVANCED TO THIRD READING
  • Mar 3, 2014: 2ND REPORT CAL.
  • Feb 27, 2014: 1ST REPORT CAL.208
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Mar 27, 2013: referred to codes
  • Mar 26, 2013: DELIVERED TO ASSEMBLY
  • Mar 26, 2013: PASSED SENATE
  • Mar 14, 2013: ADVANCED TO THIRD READING
  • Mar 13, 2013: 2ND REPORT CAL.
  • Mar 12, 2013: 1ST REPORT CAL.193
  • Jan 9, 2013: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 12, 2013
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien
VOTE: COMMITTEE VOTE: - Codes - Feb 27, 2014
Ayes (13): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, Lanza, O'Mara, Perkins, Espaillat, Hoylman, O'Brien, Krueger
Ayes W/R (1): Squadron

Memo

BILL NUMBER:S1905

TITLE OF BILL: An act to amend the penal law, in relation to the theft of a motor vehicle while a child is present therein

PURPOSE: Increases the penalties for the theft of a motor vehicle when a child is present in the vehicle.

SUMMARY OF PROVISIONS: Amends sections 155.35, 155.42, and 160.15 of the Penal Law to increase the penalties for theft of a motor vehicle when a child is present in the vehicle.

JUSTIFICATION: Recent cases of carjacking, including one on this New Year's Day in Troy, New York, have occurred when young children were present in the stolen vehicles. Thefts of this nature not only traumatize children but place them at great risk of being physically harmed either at the hands of the carjacker, by a stranger if the car is abandoned, or during a police chase.

LEGISLATIVE HISTORY: 2011-12: S.1543 Passed Senate 2010: S.6655 Referred to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1905 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
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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