S1905-2013 - NY Senate Open Legislation - 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.

Sponsor: SKELOS / Co-sponsor(s): AVELLA, DEFRANCISCO, O'BRIEN / Committee: CODES
Law Section: Penal Law / Law: Amd SS155.35, 155.42 & 160.15, Pen L

S1905-2013 Actions

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

S1905-2013 Meetings

Codes: Mar 12, 2013

S1905-2013 Calendars

Active List: Mar 26, 2013 , Floor Calendar: Mar 13, 2013 , Floor Calendar: Mar 14, 2013 , Floor Calendar: Mar 18, 2013 , Floor Calendar: Mar 19, 2013 , Floor Calendar: Mar 20, 2013 , Floor Calendar: Mar 21, 2013 , Floor Calendar: Mar 23, 2013 , Floor Calendar: Mar 24, 2013 , Floor Calendar: Mar 25, 2013 , Floor Calendar: Mar 26, 2013

S1905-2013 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: FLOOR VOTE: - Mar 26, 2013

Ayes (59): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): Parker
Excused (3): Diaz, Felder, Hannon

S1905-2013 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 trauma-
tize 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 aban-
doned, 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.

S1905-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1905
 2013-2014 Regular Sessions
 I N  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05820-01-3
        S. 1905                             2
 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.

S1905-2013: Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle