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Senate Bill S354

2009-2010 Legislative Session

Increases penalties for grand larceny involving the theft of a motor vehicle; repealer

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S354 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.35 & 165.06, rpld §165.05 sub 1, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2625

2009-S354 (ACTIVE) - Summary

Increases the penalties for multiple violations involving the theft of a motor vehicle; second offense for auto theft to be a class D felony.

2009-S354 (ACTIVE) - Sponsor Memo

2009-S354 (ACTIVE) - Bill Text download pdf 

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

                                   354

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 grand  larceny  and  unau-
  thorized  use  of  a  vehicle  and  repealing subdivision 1 of section
  165.05 of such law relating thereto

  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
steals  property  and when the value of the property exceeds three thou-
sand dollars OR WHEN HE COMMITS THE CRIME OF GRAND LARCENY IN THE FOURTH
DEGREE AS DEFINED IN SUBDIVISION EIGHT OF SECTION 155.30 OF THIS ARTICLE
AND HAS BEEN PREVIOUSLY CONVICTED OF THE CRIME OF GRAND LARCENY  IN  THE
FOURTH DEGREE AS DEFINED IN SUCH SUBDIVISION.
   Grand larceny in the third degree is a class D felony.
  S 2. Subdivision 1 of section 165.05 of the penal law is REPEALED.
  S  3.  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  commits  the  crime of unauthorized use of a vehicle in the third
degree as defined in subdivision [one] TWO of  section  165.05  of  this
article  and  has been previously convicted of THIS SECTION OR the crime
of unauthorized use of a vehicle in  the  third  degree  as  defined  in
subdivision  [one] TWO of section 165.05 [or second degree]OF THIS ARTI-
CLE within the preceding ten years.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03483-01-9

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