Relates to the crime of unauthorized use of a motor vehicle; adds other motor vehicle related crimes as predicate crimes which may increase punishment for unauthorized use of a motor vehicle in the second degree when one is convicted of such crimes within the preceding ten years.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (2): Montgomery, Perkins
Excused (1): Diaz
TITLE OF BILL: An act to amend the penal law, in relation to the crime of unauthorized use of a vehicle in the second degree
PURPOSE: Expands the list of predicate crimes for the charge of unauthorized use of a motor vehicle in the second degree.
SUMMARY OF PROVISIONS:
Section 1. Amends Section 165.06 of the Penal Law, to include unauthorized use of a motor vehicle in the first degree, grand larceny of a motor vehicle, criminal possession of a motor vehicle, auto stripping or illegal possession of a vehicle identification number as predicate convictions for the unauthorized use of a vehicle in the second degree.
Section 2. Effective date.
JUSTIFICATION: Under current law, a person may be charged with the crime of unauthorized use of a vehicle in the second degree if he or she has a prior conviction for unauthorized use within a 10 year period of the new offense. However, this enhancement does not apply if a defendant's prior convictions include more serious offenses such as grand larceny, or other vehicle related crimes. This bill corrects this shortcoming by including the offenses of unauthorized use of a vehicle in the first degree, grand larceny, criminal possession, auto stripping, or illegal possession of a vehicle identification number among the predicate convictions for charge enhancement.
LEGISLATIVE HISTORY: 2002 - A.8625 - Referred to Codes 2004 - A.2914 - Referred to Codes 2006 - S.3291 - Referred to Codes 2008 - S.2278 Referred to Codes 2010 - S.1899-A - Passed Senate - A.490-A Referred to Codes 2012 - S.1042 - Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the 90th day after becoming law.
STATE OF NEW YORK ________________________________________________________________________ 2322 2013-2014 Regular Sessions IN SENATE January 16, 2013 ___________Introduced by Sens. KLEIN, AVELLA, DIAZ, PARKER, RANZENHOFER, SAMPSON, SAVINO, SMITH, STAVISKY -- 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 crime of unauthorized use of a vehicle in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 165.06 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to read as follows: S 165.06 Unauthorized use of a vehicle in the second degree. A person is guilty of unauthorized use of a vehicle in the second degree when: He OR SHE commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 of this article and has been previously convicted of the crime of unauthorized use of a vehicle
[in the third degree]as defined in [subdivision one of section 165.05 or second degree]SECTIONS 165.05, 165.06, AND 165.08, AUTO STRIPPING AS DEFINED IN SECTIONS 165.09, 165.10, AND 165.11, GRAND LARCENY OF A MOTOR VEHICLE AS DEFINED IN SECTIONS 155.30, 155.35, 155.40, AND 155.42, CRIMINAL POSSESSION OF STOLEN PROPERTY AS DEFINED IN SECTIONS 165.40, 165.45, 165.50, 165.52, AND 165.54 AND THE STOLEN PROPERTY CONSISTED OF A MOTOR VEHICLE, OR ILLEGAL POSSESSION OF A VEHI- CLE IDENTIFICATION NUMBER AS DEFINED IN SECTION 170.70 within the preceding ten years. Unauthorized use of a vehicle in the second degree is a class E felo- ny. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01189-01-3