senate Bill S2322

Relates to the crime of unauthorized use of a motor 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

  • 16 / Jan / 2013
    • REFERRED TO CODES
  • 28 / Feb / 2013
    • 1ST REPORT CAL.128
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / Mar / 2013
    • PASSED SENATE
  • 06 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 06 / Mar / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 04 / Feb / 2014
    • 1ST REPORT CAL.136
  • 10 / Feb / 2014
    • 2ND REPORT CAL.
  • 11 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2014
    • PASSED SENATE
  • 05 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2014
    • REFERRED TO CODES

Summary

Relates to the crime of unauthorized use of a motor vehicle; adds other motor vehicle related crimes as predicate crimes which may increase punishment for unauthorized use of a motor vehicle in the second degree when one is convicted of such crimes within the preceding ten years.

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Bill Details

See Assembly Version of this Bill:
A358
Versions:
S2322
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง165.06, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S1042, A1286
2009-2010: S1899A, A490A
2007-2008: S2278, A465

Sponsor Memo

BILL NUMBER:S2322

TITLE OF BILL: An act to amend the penal law, in relation to the
crime of unauthorized use of a vehicle in the second degree

PURPOSE: Expands the list of predicate crimes for the charge of
unauthorized use of a motor vehicle in the second degree.

SUMMARY OF PROVISIONS:

Section 1. Amends Section 165.06 of the Penal Law, to include
unauthorized use of a motor vehicle in the first degree, grand larceny
of a motor vehicle, criminal possession of a motor vehicle, auto
stripping or illegal possession of a vehicle identification number as
predicate convictions for the unauthorized use of a vehicle in the
second degree.

Section 2. Effective date.

JUSTIFICATION: Under current law, a person may be charged with the
crime of unauthorized use of a vehicle in the second degree if he or
she has a prior conviction for unauthorized use within a 10 year
period of the new offense. However, this enhancement does not apply if
a defendant's prior convictions include more serious offenses such as
grand larceny, or other vehicle related crimes. This bill corrects
this shortcoming by including the offenses of unauthorized use of a
vehicle in the first degree, grand larceny, criminal possession, auto
stripping, or illegal possession of a vehicle identification number
among the predicate convictions for charge enhancement.

LEGISLATIVE HISTORY: 2002 - A.8625 - Referred to Codes 2004 - A.2914
- Referred to Codes 2006 - S.3291 - Referred to Codes 2008 - S.2278 -
Referred to Codes 2010 - S.1899-A - Passed Senate - A.490-A Referred
to Codes 2012 - S.1042 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 90th day after
becoming law.

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

                                  2322

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens. KLEIN, AVELLA, DIAZ, PARKER, RANZENHOFER, SAMPSON,
  SAVINO, SMITH, STAVISKY -- 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 crime of unauthorized
  use of a vehicle in the second degree

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

  Section  1. Section 165.06 of the penal law, as amended by chapter 413
of the laws of 1982, is amended to read as follows:
S 165.06 Unauthorized use of a vehicle in the second degree.
  A person is guilty of unauthorized use of  a  vehicle  in  the  second
degree when:
  He  OR  SHE  commits the crime of unauthorized use of a vehicle in the
third degree as defined in subdivision one of  section  165.05  of  this
article  and  has been previously convicted of the crime of unauthorized
use of a vehicle [in the third degree] as defined in [subdivision one of
section 165.05 or second degree] SECTIONS 165.05,  165.06,  AND  165.08,
AUTO  STRIPPING AS DEFINED IN SECTIONS 165.09, 165.10, AND 165.11, GRAND
LARCENY OF A MOTOR  VEHICLE  AS  DEFINED  IN  SECTIONS  155.30,  155.35,
155.40, AND 155.42, CRIMINAL POSSESSION OF STOLEN PROPERTY AS DEFINED IN
SECTIONS  165.40,  165.45,  165.50,  165.52,   AND 165.54 AND THE STOLEN
PROPERTY CONSISTED OF A MOTOR VEHICLE, OR ILLEGAL POSSESSION OF A  VEHI-
CLE  IDENTIFICATION  NUMBER  AS  DEFINED  IN  SECTION  170.70 within the
preceding ten years.
  Unauthorized use of a vehicle in the second degree is a class E  felo-
ny.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01189-01-3

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