Bill S4194-2011

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

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

Details

Actions

  • May 21, 2012: referred to banks
  • May 21, 2012: DELIVERED TO ASSEMBLY
  • May 21, 2012: PASSED SENATE
  • May 7, 2012: ADVANCED TO THIRD READING
  • May 2, 2012: 2ND REPORT CAL.
  • May 1, 2012: 1ST REPORT CAL.643
  • Jan 9, 2012: REPORTED AND COMMITTED TO CODES
  • Jan 4, 2012: REFERRED TO BANKS
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Apr 6, 2011: referred to banks
  • Apr 5, 2011: DELIVERED TO ASSEMBLY
  • Apr 5, 2011: PASSED SENATE
  • Apr 4, 2011: ADVANCED TO THIRD READING
  • Mar 31, 2011: 2ND REPORT CAL.
  • Mar 30, 2011: 1ST REPORT CAL.283
  • Mar 23, 2011: REFERRED TO BANKS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Banks - Mar 30, 2011
Ayes (18): Griffo, Farley, Bonacic, DeFrancisco, Gallivan, Golden, Johnson, O'Mara, Marcellino, Ranzenhofer, Smith, Breslin, Carlucci, Diaz, Kruger, Rivera, Savino, Valesky
Ayes W/R (1): Krueger
VOTE: COMMITTEE VOTE: - Banks - Jan 9, 2012
Ayes (17): Griffo, Farley, Bonacic, DeFrancisco, Gallivan, Golden, Johnson, O'Mara, Marcellino, Ranzenhofer, Smith, Breslin, Carlucci, Diaz, Savino, Valesky, Avella
Ayes W/R (2): Krueger, Rivera
VOTE: COMMITTEE VOTE: - Codes - May 1, 2012
Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron, Espaillat
Ayes W/R (1): Perkins
Nays (2): Duane, Parker

Memo

BILL NUMBER:S4194

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 institution.

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 employees 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:

See S.2744 of 2007-08

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

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


Text

STATE OF NEW YORK ________________________________________________________________________ 4194 2011-2012 Regular Sessions IN SENATE March 23, 2011 ___________
Introduced by Sens. GRIFFO, FARLEY -- 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
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.

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