The New York State Senate

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

                                  4576

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to the theft of a motor vehi-
  cle while a child is present therein

  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  464
of the laws of 2010, 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 WHEN:
  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[.]; OR
  3. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND  TRAFFIC  LAW,  AND,  DURING  THE
COMMISSION  OF  SUCH  OFFENSE, A CHILD UNDER THE AGE OF SIXTEEN YEARS IS
PRESENT IN OR ON SUCH MOTOR VEHICLE.
  Grand larceny in the third degree is a class D felony.
  S 2. Section 155.42 of the penal law, as added by chapter 515  of  the
laws of 1986, is amended to read as follows:
S 155.42 Grand larceny in the first degree.
  A person is guilty of grand larceny in the first degree when he OR SHE
steals property and when [the]:
  1. THE value of the property exceeds one million dollars[.]; OR
  2. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A MOTOR VEHICLE,
AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
LAW,  IS  OBTAINED  BY EXTORTION COMMITTED BY INSTILLING IN THE VICTIM A
FEAR THAT THE ACTOR OR ANOTHER PERSON WILL CAUSE PHYSICAL INJURY TO SOME
PERSON, IN THE FUTURE, AND A CHILD UNDER THE AGE  OF  SIXTEEN  YEARS  IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05820-01-3

A. 4576                             2

PRESENT  IN  OR  ON  SUCH  MOTOR  VEHICLE  DURING THE COMMISSION OF SUCH
OFFENSE.
  Grand larceny in the first degree is a class B felony.
  S 3. Section 160.15 of the penal law, as amended by chapter 374 of the
laws of 1973, is amended to read as follows:
S 160.15 Robbery in the first degree.
  A  person  is  guilty  of  robbery  in the first degree when he OR SHE
forcibly steals property and when[, in]:
  1. IN the course of the commission of the crime or of immediate flight
therefrom, he, SHE or another participant in the crime:
  [1.] (A) Causes serious physical injury to any person  who  is  not  a
participant in the crime; or
  [2.] (B) Is armed with a deadly weapon; or
  [3.]  (C)  Uses  or threatens the immediate use of a dangerous instru-
ment; or
  [4.] (D) Displays what appears to be a pistol, revolver, rifle,  shot-
gun,  machine gun or other firearm; except that in any prosecution under
this [subdivision] PARAGRAPH, it is an  affirmative  defense  that  such
pistol, revolver, rifle, shotgun, machine gun or other firearm was not a
loaded  weapon  from which a shot, readily capable of producing death or
other serious physical injury, could be discharged. Nothing contained in
this [subdivision] PARAGRAPH shall constitute a defense to a prosecution
for, or preclude a conviction of, robbery in the second degree,  robbery
in the third degree or any other crime[.]; OR
  2. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
HUNDRED  TWENTY-FIVE  OF  THE  VEHICLE  AND TRAFFIC LAW, AND, DURING THE
COMMISSION OF SUCH OFFENSE, A CHILD UNDER THE AGE OF  SIXTEEN  YEARS  IS
PRESENT IN OR ON SUCH MOTOR VEHICLE.
  Robbery in the first degree is a class B felony.
  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.