S T A T E O F N E W Y O R K
2009-2010 Regular Sessions
I N S E N A T E
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
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
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
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.