Relates to larceny of an automated teller machine.
Ayes (60): Adams, Addabbo, Alesi, Aubertine, Bonacic, Breslin, DeFrancisco, Diaz, Dilan, Duane, Espada, Farley, Flanagan, Foley, Fuschillo, Golden, Griffo, Hannon, Hassell-Thomps, Huntley, Johnson C, Johnson O, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Leibell, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, Onorato, Oppenheimer, Padavan, Parker, Peralta, Perkins, Ranzenhofer, Robach, Saland, Sampson, Savino, Schneiderman, Serrano, Seward, Skelos, Smith, Squadron, Stachowski, Stavisky, Stewart-Cousins, Thompson, Valesky, Winner, Young
Absent (1): Volker
Excused (1): Morahan
TITLE OF BILL: An act to amend the penal law, in relation to larceny of an automated teller machine
PURPOSE: To extend the crimes covered by grand larceny in the second and third degrees to include the theft of an ATM, or the theft of the contents of an ATM.
SUMMARY OF PROVISIONS: Section 1 states that grand larceny in the third degree shall include when an automated teller machine or the content of such machine is stolen.
Section 2 makes someone guilty of aggravated grand larceny in the second degree when they have previously committed grand larceny in the third degree within the previous five years.
JUSTIFICATION: With the proliferation of ATM's across New York, it is critically important that we criminalize their theft appropriately. Current law provides inadequate punishment for individuals who are convicted of this crime. By raising the level of penalty to a C Felony, or to a B for a persistent offender, we are strengthening our law.
LEGISLATIVE HISTORY: 2007 - A.541 2006 - A.11400
FISCAL IMPACT ON THE STATE: None.
EFFECTIVE DATE: This act shall take effect on the first November next succeeding the date it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 5536--A 2009-2010 Regular Sessions IN SENATE May 14, 2009 ___________Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the penal law, in relation to larceny of an automated teller machine 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 515 of the laws of 1986, 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: 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. Grand larceny in the third degree is a class D felony. S 2. The penal law is amended by adding a new section 155.43 to read as follows: S 155.43 AGGRAVATED GRAND LARCENY OF AN AUTOMATED TELLER MACHINE. A PERSON IS GUILTY OF AGGRAVATED GRAND LARCENY OF AN AUTOMATED TELLER MACHINE WHEN HE OR SHE COMMITS THE CRIME OF GRAND LARCENY IN THE THIRD DEGREE, AS DEFINED IN SUBDIVISION TWO OF SECTION 155.35 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED OF GRAND LARCENY IN THE THIRD DEGREE WITHIN THE PREVIOUS FIVE YEARS. AGGRAVATED GRAND LARCENY OF AN AUTOMATED TELLER MACHINE IS A CLASS C FELONY. S 3. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00135-06-0