Increases the penalty for robbery of property from a bank; makes the crime a class C felony.

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S3559-2013 Actions

• Feb 12, 2013: REPORTED AND COMMITTED TO CODES
• Feb 5, 2013: REFERRED TO BANKS

S3559-2013 Meetings

Banks: Feb 12, 2013

S3559-2013 Votes

S3559-2013 Memo

BILL NUMBER:S3559

TITLE  OF  BILL:   An act to amend the banking law and the penal law, in
relation to increasing the penalty for robbery of property from a bank

PURPOSE:  To increase the penalties for robbery of  a  banking  institu-
tion.

SUMMARY OF PROVISIONS:

Sections  1  and 2 of the bill amend Sections 592(2) and 592-a(2) of the
Banking Law, respectively, to expand the list  of  felony  offenses  for
which  the  Superintendent  of  Banks may refuse to issue a license to a
mortgage banker or a certificate to a mortgage broker.

Section 3 of the bill adds a new subdivision 4 to Section 160.10 of  the
Penal Law to expand the crime of robbery in the second degree to include
property stolen from a banking institution.

EXISTING  LAW:    There  are  no separate provisions which relate to the
specific crime of bank robbery.

JUSTIFICATION:  Over the past decade,. there has been an increase in the
number of bank robberies  committed  throughout  the  State,  especially
crimes  in which threatening notes and comments are made to bank tellers
in conjunction with the robbery. Not only does this crime place  employ-
ees and customers at risk, it imposes increased costs on all consumers.

One  continuing  problem is the apparent perception among many criminals
that this is a relatively easy type of crime which is  not  punished  as
seriously as other types of crimes. By increasing the penalties for bank
robbery,  this legislation seeks to help address this problem.  The bill
would establish meaningful penalties to serve as an effective  deterrent
and as an appropriate level of punishment.

LEGISLATIVE  HISTORY:    S. 2011-12: S. 4194 Passed Senate/A. 6872 Banks
Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  The first of November next succeeding the date on which
it shall have become a law.

S3559-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3559

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 5, 2013
                                 ___________

  Introduced  by  Sens.  GRIFFO,  FARLEY,  DeFRANCISCO,  FLANAGAN, LARKIN,
    MARTINS, SAVINO, SEWARD -- read twice and ordered  printed,  and  when
    printed to be committed to the Committee on Banks

  AN  ACT  to  amend  the  banking  law  and the penal law, in relation to
    increasing the penalty for robbery of property from a bank

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivision 2 of section 592 of the banking law, as amended
  by chapter 472 of the laws of 2008, is amended to read as follows:

    2.  The  superintendent may refuse to issue a license pursuant to this
  article if he or she shall find that the applicant, or any person who is
  a director, officer, partner, agent, employee,  substantial  stockholder
  of  the  applicant,  consultant or person having a relationship with the
  applicant similar to a consultant, (a) has been  convicted  of  a  crime
  involving  an  activity  which  is  a felony under this chapter or under
  article one hundred fifty-five, one hundred seventy, one hundred  seven-
  ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
  y-five,  one  hundred eighty-seven, one hundred ninety, two hundred, two
  hundred ten or four hundred seventy,  OR  SUBDIVISION  FOUR  OF  SECTION
  160.10  of  the penal law or any comparable felony under the laws of any
  other state or the United States, provided that such crime  would  be  a
  felony  if  committed and prosecuted under the laws of this state or (b)
  has had a license or registration revoked by the superintendent  or  (c)
  has  been  a  director, partner, or substantial stockholder of an entity
  which has had a license or registration revoked by the superintendent or
  (d) has been an agent, employee or officer of an entity, or a consultant
  to, or person having had a similar relationship with, any  entity  which
  has  had  a  license or registration revoked by the superintendent where
  such person shall have been found by the superintendent to bear  respon-
  sibility in connection with the revocation. The term "substantial stock-
  holder",  as  used  in  this  subdivision, shall be deemed to refer to a

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06295-01-3

 S. 3559                             2

  person owning or controlling directly or indirectly ten  per  centum  or
  more of the total outstanding stock of a corporation.
    S  2. Subdivision 2 of section 592-a of the banking law, as amended by
  chapter 472 of the laws of 2008, is amended to read as follows:

    2. The superintendent may refuse to issue a  certificate  pursuant  to
  this  article  if he or she shall find that the applicant, or any person
  who is a director, officer, partner, agent, employee, substantial stock-
  holder of the applicant, consultant or person having a relationship with
  the applicant similar to a consultant, (a) has been convicted of a crime
  involving an activity which is a felony  under  this  chapter  or  under
  article  one hundred fifty-five, one hundred seventy, one hundred seven-
  ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
  y-five, one hundred eighty-seven, one hundred ninety, two  hundred,  two
  hundred  ten  or  four  hundred  seventy, OR SUBDIVISION FOUR OF SECTION
  160.10 of the penal law or any comparable felony under the laws  of  any
  other  state  or  the United States, provided that such crime would be a
  felony if committed and prosecuted under the laws of this state  or  (b)
  has  had  a license or registration revoked by the superintendent or (c)
  has been a director, partner, or substantial stockholder  of  an  entity
  which has had a license or registration revoked by the superintendent or
  (d) has been an agent, employee or officer of an entity, or a consultant
  to,  or  person having had a similar relationship with, any entity which
  has had a license or registration revoked by  the  superintendent  where
  such  person shall have been found by the superintendent to bear respon-
  sibility in connection with the revocation. The term "substantial stock-
  holder", as used in this subdivision, shall be  deemed  to  refer  to  a
  person  owning  or  controlling directly or indirectly ten per centum or
  more of the total outstanding stock of a corporation.
    S 3. Subdivision 3 of section 160.10 of the penal  law,  as  added  by
  chapter  308  of the laws of 1995, is amended and a new subdivision 4 is
  added to read as follows:

    3. The property consists of a motor vehicle, as defined in section one
  hundred twenty-five of the vehicle and traffic law[.]; OR
    4. THE PROPERTY IS STOLEN FROM A BANK, TRUST  COMPANY,  SAVINGS  BANK,
  SAFE  DEPOSIT  COMPANY, SAVINGS AND LOAN ASSOCIATION OR CREDIT UNION, AS
  SUCH TERMS ARE DEFINED IN SECTION TWO OF THE  BANKING  LAW,  OR  FROM  A
  FOREIGN  BANKING  CORPORATION  LICENSED  PURSUANT  TO ARTICLE TWO OF THE
  BANKING LAW, OR FROM A BANK, TRUST COMPANY, SAVINGS  BANK,  SAVINGS  AND
  LOAN  ASSOCIATION,  CREDIT UNION OR FOREIGN BANKING CORPORATION WHICH IS
  INCORPORATED, CHARTERED, ORGANIZED OR LICENSED UNDER  THE  LAWS  OF  ANY
  OTHER  STATE  OR THE UNITED STATES AND WHICH MAINTAINS BRANCH OFFICES IN
  THIS STATE.
    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.