senate Bill S1905

Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • 1ST REPORT CAL.193
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 26 / Mar / 2013
    • PASSED SENATE
  • 26 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 27 / Feb / 2014
    • 1ST REPORT CAL.208
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 13 / Mar / 2014
    • PASSED SENATE
  • 13 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 13 / Mar / 2014
    • REFERRED TO CODES

Summary

Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle.

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Bill Details

See Assembly Version of this Bill:
A4576
Versions:
S1905
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง155.35, 155.42 & 160.15, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1543, S1543
2009-2010: S6655, S6655

Sponsor Memo

BILL NUMBER:S1905

TITLE OF BILL: An act to amend the penal law, in relation to the theft
of a motor vehicle while a child is present therein

PURPOSE: Increases the penalties for the theft of a motor vehicle when a
child is present in the vehicle.

SUMMARY OF PROVISIONS: Amends sections 155.35, 155.42, and 160.15 of the
Penal Law to increase the penalties for theft of a motor vehicle when a
child is present in the vehicle.

JUSTIFICATION: Recent cases of carjacking, including one on this New
Year's Day in Troy, New York, have occurred when young children were
present in the stolen vehicles. Thefts of this nature not only trauma-
tize children but place them at great risk of being physically harmed
either at the hands of the carjacker, by a stranger if the car is aban-
doned, or during a police chase.

LEGISLATIVE HISTORY: 2011-12: S.1543 Passed Senate 2010: S.6655
Referred to Codes

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on the first of November next
succeeding the date on which it shall have become law.

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

                                  1905

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- 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 theft of a motor vehi-
  cle while a child is present therein

  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 464
of the laws of 2010, 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 WHEN:
  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[.]; OR
  3. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND TRAFFIC LAW, AND, DURING THE
COMMISSION OF SUCH OFFENSE, A CHILD UNDER THE AGE OF  SIXTEEN  YEARS  IS
PRESENT IN OR ON SUCH MOTOR VEHICLE.
  Grand larceny in the third degree is a class D felony.
  S  2.  Section 155.42 of the penal law, as added by chapter 515 of the
laws of 1986, is amended to read as follows:
S 155.42 Grand larceny in the first degree.
  A person is guilty of grand larceny in the first degree when he OR SHE
steals property and when [the]:
  1. THE value of the property exceeds one million dollars[.]; OR
  2. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A MOTOR VEHICLE,
AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
LAW, IS OBTAINED BY EXTORTION COMMITTED BY INSTILLING IN  THE  VICTIM  A
FEAR THAT THE ACTOR OR ANOTHER PERSON WILL CAUSE PHYSICAL INJURY TO SOME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05820-01-3

S. 1905                             2

PERSON,  IN  THE  FUTURE,  AND A CHILD UNDER THE AGE OF SIXTEEN YEARS IS
PRESENT IN OR ON SUCH  MOTOR  VEHICLE  DURING  THE  COMMISSION  OF  SUCH
OFFENSE.
  Grand larceny in the first degree is a class B felony.
  S 3. Section 160.15 of the penal law, as amended by chapter 374 of the
laws of 1973, is amended to read as follows:
S 160.15 Robbery in the first degree.
  A  person  is  guilty  of  robbery  in the first degree when he OR SHE
forcibly steals property and when[, in]:
  1. IN the course of the commission of the crime or of immediate flight
therefrom, he, SHE or another participant in the crime:
  [1.] (A) Causes serious physical injury to any person  who  is  not  a
participant in the crime; or
  [2.] (B) Is armed with a deadly weapon; or
  [3.]  (C)  Uses  or threatens the immediate use of a dangerous instru-
ment; or
  [4.] (D) Displays what appears to be a pistol, revolver, rifle,  shot-
gun,  machine gun or other firearm; except that in any prosecution under
this [subdivision] PARAGRAPH, it is an  affirmative  defense  that  such
pistol, revolver, rifle, shotgun, machine gun or other firearm was not a
loaded  weapon  from which a shot, readily capable of producing death or
other serious physical injury, could be discharged. Nothing contained in
this [subdivision] PARAGRAPH shall constitute a defense to a prosecution
for, or preclude a conviction of, robbery in the second degree,  robbery
in the third degree or any other crime[.]; OR
  2. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND TRAFFIC LAW, AND, DURING THE
COMMISSION OF SUCH OFFENSE, A CHILD UNDER THE AGE OF  SIXTEEN  YEARS  IS
PRESENT IN OR ON SUCH MOTOR VEHICLE.
  Robbery in the first degree is a class B felony.
  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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