senate Bill S1042

2011-2012 Legislative Session

Relates to the crime of unauthorized use of a motor vehicle

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2012 referred to codes
delivered to assembly
passed senate
Feb 07, 2012 advanced to third reading
Feb 06, 2012 2nd report cal.
Jan 31, 2012 1st report cal.155
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Feb 14, 2011 referred to codes
delivered to assembly
passed senate
Feb 08, 2011 advanced to third reading
Feb 07, 2011 2nd report cal.
Feb 01, 2011 1st report cal.59
Jan 05, 2011 referred to codes

Votes

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Jan 31, 2012 - Codes committee Vote

S1042
12
2
committee
12
Aye
2
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 31, 2012

nay (2)
aye wr (1)
excused (1)

Feb 1, 2011 - Codes committee Vote

S1042
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 1, 2011

nay (1)
excused (1)

Co-Sponsors

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S1042 - Bill Details

See Assembly Version of this Bill:
A1286
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง165.06, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1899A, A490A

S1042 - Bill Texts

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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 NUMBER:S1042

TITLE OF BILL:

An act
to amend the penal law, in relation to the crime of unauthorized use of
a motor 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

FISCAL IMPLICATIONS:

None.

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

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

                                  1042

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. KLEIN, DIAZ, HUNTLEY, PARKER, SAMPSON, SMITH, STAVI-
  SKY  -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Codes

AN ACT to amend the penal law, in relation to the crime of  unauthorized
  use of a motor 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.
                                                           LBD04358-01-1

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