S2322-2013 - NY Senate Open Legislation - Relates to the crime of unauthorized use of a motor vehicle

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.

Sponsor: KLEIN / Co-sponsor(s): AVELLA, DIAZ, PARKER, RANZENHOFER, SAMPSON, SAVINO, SMITH, STAVISKY / Committee: CODES
Law Section: Penal Law / Law: Amd S165.06, Pen L

S2322-2013 Actions

Mar 6, 2013: referred to codes
Mar 6, 2013: DELIVERED TO ASSEMBLY
Mar 6, 2013: PASSED SENATE
Mar 5, 2013: ADVANCED TO THIRD READING
Mar 4, 2013: 2ND REPORT CAL.
Feb 28, 2013: 1ST REPORT CAL.128
Jan 16, 2013: REFERRED TO CODES

S2322-2013 Meetings

Codes: Feb 28, 2013

S2322-2013 Calendars

Active List: Mar 6, 2013 , Floor Calendar: Mar 4, 2013 , Floor Calendar: Mar 5, 2013 , Floor Calendar: Mar 6, 2013

S2322-2013 Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 28, 2013

Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Espaillat, Sampson, O'Brien
Ayes W/R (1): Hoylman
Nays (1): Perkins

VOTE: FLOOR VOTE: - Mar 6, 2013

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

S2322-2013 Memo

BILL NUMBER:S2322

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.

S2322-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          2322
 2013-2014 Regular Sessions
 I N  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

S2322-2013: Relates to the crime of unauthorized use of a motor vehicle