S T A T E O F N E W Y O R K
________________________________________________________________________
891
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH, KOLB -- Multi-Sponsored by -- M. of A.
BARCLAY, BURLING, CROUCH, FINCH, OAKS, SAYWARD, THIELE, TOWNSEND --
read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law and the penal law, in
relation to suspension of a driver's license for theft of motor fuel
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that the
incidence of motorists filling their tanks and driving off without
paying poses a danger to other motorists and subjects the retailers to
thousands of dollars a year in lost revenues. The legislature further
finds that the increased penalties for such thefts will provide neces-
sary deterrents to such conduct.
S 2. Paragraph b of subdivision 2 of section 510 of the vehicle and
traffic law is amended by adding a new subparagraph (xvi) to read as
follows:
(XVI) FOR A PERIOD OF ONE YEAR WHERE THE HOLDER IS CONVICTED OF THEFT
OF MOTOR FUEL PURSUANT TO SECTION 155.25 OF THE PENAL LAW.
S 3. The penal law is amended by adding a new section 60.21 to read as
follows:
S 60.21 AUTHORIZED DISPOSITIONS; PETIT LARCENY.
1. WHEN A PERSON IS CONVICTED OF AN OFFENSE AS DEFINED IN SECTION
155.25 OF THIS CHAPTER, AND THE PROPERTY STOLEN CONSISTS IN WHOLE OR IN
PART OF MOTOR FUEL, IN ADDITION TO ANY OTHER PENALTY PERMITTED BY LAW,
THE COURT MAY IMPOSE AS A SENTENCE A SUSPENSION OF THE PERSON'S DRIVER'S
LICENSE, AS DEFINED IN ARTICLE TWENTY OF THE VEHICLE AND TRAFFIC LAW,
FOR A PERIOD OF UP TO ONE YEAR.
2. THE COURT OR CLERK THEREOF SHALL, WITHIN TEN DAYS OF THE IMPOSITION
OF A SENTENCE OF SUSPENSION OF A DRIVER'S LICENSE PURSUANT TO THIS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01526-01-9
A. 891 2
SECTION, NOTIFY THE COMMISSIONER OF MOTOR VEHICLES IN A MANNER AND FORM
PRESCRIBED BY SUCH COMMISSIONER.
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.