Senate Bill S5536

Signed By Governor
2009-2010 Legislative Session

Relates to larceny of an automated teller machine

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-S5536 - Details

See Assembly Version of this Bill:
A1431
Law Section:
Penal Law
Laws Affected:
Amd §155.35, add §§155.43, Pen L

2009-S5536 - Summary

Relates to larceny of an automated teller machine.

2009-S5536 - Sponsor Memo

2009-S5536 - Bill Text download pdf 

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

                                  5536

                       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

AN ACT to amend the penal law, in  relation  to  burglary  in  buildings
  containing an automated teller machine

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

  Section 1. Section 140.25 of the penal law, paragraph (c) of  subdivi-
sion  1  as  added  by chapter 791 of the laws of 1967, paragraph (d) of
subdivision 1 as amended by chapter 374 of the laws of 1973 and subdivi-
sion 2 as amended by chapter 361 of the laws of 1981, is amended to read
as follows:
S 140.25 Burglary in the second degree.
  A person is guilty of burglary in the second degree  when  he  OR  SHE
knowingly  enters  or  remains  unlawfully  in a building with intent to
commit a crime therein, and when:
  1. In effecting entry or while in the building or in immediate  flight
therefrom, he OR SHE or another participant in the crime:
  (a) Is armed with explosives or a deadly weapon; or
  (b)  Causes  physical injury to any person who is not a participant in
the crime; or
  (c) Uses or threatens the immediate use of a dangerous instrument; or
  (d) Displays what appears to be a pistol,  revolver,  rifle,  shotgun,
machine gun or other firearm; or
  2. The building is a dwelling[.]; OR
  3. THE BUILDING CONTAINS AN AUTOMATED TELLER MACHINE.
  Burglary in the second degree is a class C felony.
  S  2.  The  penal law is amended by adding two new sections 140.31 and
140.32 to read as follows:
S 140.31 BURGLARY OF AN AUTOMATED TELLER MACHINE.
  A PERSON IS GUILTY OF BURGLARY OF AN AUTOMATED TELLER MACHINE WHEN  HE
OR  SHE  KNOWINGLY  ENTERS  OR  REMAINS  UNLAWFULLY  IN  A  BUILDING AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00135-03-9

co-Sponsors

2009-S5536A (ACTIVE) - Details

See Assembly Version of this Bill:
A1431
Law Section:
Penal Law
Laws Affected:
Amd §155.35, add §§155.43, Pen L

2009-S5536A (ACTIVE) - Summary

Relates to larceny of an automated teller machine.

2009-S5536A (ACTIVE) - Sponsor Memo

2009-S5536A (ACTIVE) - Bill Text download pdf 

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

                                 5536--A

                       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
  teller machine

  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
as follows:
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
FELONY.
  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.
                                                           LBD00135-06-0

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