S T A T E   O F   N E W   Y O R K
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                                  4005

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced by M. of A. GABRYSZAK, SCHIMMINGER, ROBERTS, RAIA, McDONOUGH,
  MONTESANO,  LAVINE,  WALTER,  WEPRIN -- Multi-Sponsored by -- M. of A.
  CERETTO, CLARK, GOODELL, McLAUGHLIN, SALADINO, THIELE -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to establishing the crimes of
  aggravated larceny in the first degree and aggravated larceny  in  the
  second degree

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

  Section 1. The penal law is amended by adding a new section 155.50  to
read as follows:
S 155.50 AGGRAVATED LARCENY IN THE SECOND DEGREE.
  A  PERSON IS GUILTY OF AGGRAVATED LARCENY IN THE SECOND DEGREE WHEN HE
OR SHE STEALS PROPERTY AND WHEN:
  1. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE OFFENSE  OF  PETIT
LARCENY,  AS  DEFINED  IN SECTION 155.25 OF THIS ARTICLE, AT LEAST THREE
TIMES WITHIN THE PRECEDING TEN YEARS; OR
  2. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE OFFENSE  OF  GRAND
LARCENY  IN  THE FOURTH DEGREE, GRAND LARCENY IN THE THIRD DEGREE, GRAND
LARCENY IN THE SECOND DEGREE OR GRAND LARCENY IN THE  FIRST  DEGREE,  AS
DEFINED  IN  SECTIONS 155.30, 155.35, 155.40 AND 155.42 OF THIS ARTICLE,
AT LEAST THREE TIMES WITHIN THE PRECEDING TEN YEARS.
  AGGRAVATED LARCENY IN THE SECOND DEGREE IS A CLASS E FELONY.
  S 2. The penal law is amended by adding a new section 155.55  to  read
as follows:
S 155.55 AGGRAVATED LARCENY IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF AGGRAVATED LARCENY IN THE FIRST DEGREE WHEN HE
OR SHE STEALS PROPERTY AND WHEN:
  1. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE OFFENSE OF  AGGRA-
VATED LARCENY IN THE SECOND DEGREE, AS DEFINED IN SECTION 155.50 OF THIS
ARTICLE, WITHIN THE PRECEDING THREE YEARS; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08058-01-3
              

A. 4005                             2

  2.  SUCH  PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE OFFENSE OF PETIT
LARCENY, AS DEFINED IN  SECTION  155.25  OF  THIS  ARTICLE,  WITHIN  THE
PRECEDING FIVE YEARS; OR
   3.  SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF THE OFFENSE OF GRAND
LARCENY IN THE FOURTH DEGREE, GRAND LARCENY IN THE THIRD  DEGREE,  GRAND
LARCENY  IN  THE  SECOND DEGREE OR GRAND LARCENY IN THE FIRST DEGREE, AS
DEFINED IN SECTIONS 155.30, 155.35, 155.40 AND 155.42 OF  THIS  ARTICLE,
AT LEAST THREE TIMES WITHIN THE PRECEDING FIVE YEARS.
  AGGRAVATED LARCENY IN THE FIRST DEGREE IS A CLASS D FELONY.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.