NY State Senate Bill S4022

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

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2015	referred to codes delivered to assembly passed senate
Jun 08, 2015	ordered to third reading cal.1359 committee discharged and committed to rules
Feb 26, 2015	referred to codes

Votes

S4022 (ACTIVE) - Details

See Assembly Version of this Bill:: A1085
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.35, 155.42 & 160.15, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6655
2011-2012: S1543
2013-2014: S1905, A4576
2017-2018: S912, A3950

S4022 (ACTIVE) - Summary

Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle.

S4022 (ACTIVE) - Sponsor Memo

S4022 (ACTIVE) - Bill Text download pdf

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

                                  4022

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  SKELOS -- 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 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.
                                                           LBD03318-01-5

S. 4022                             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.

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The New York State Senate

senate Bill S4022

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

Jun 8, 2015 - Rules committee Vote

Rules Committee Vote: Jun 8, 2015

S4022 (ACTIVE) - Details

S4022 (ACTIVE) - Summary

S4022 (ACTIVE) - Sponsor Memo

S4022 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4022

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Sponsored By

Dean G. Skelos

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jun 9, 2015 - floor Vote

Floor Vote: Jun 9, 2015

Jun 8, 2015 - Rules committee Vote

Rules Committee Vote: Jun 8, 2015

S4022 (ACTIVE) - Details

S4022 (ACTIVE) - Summary

S4022 (ACTIVE) - Sponsor Memo

S4022 (ACTIVE) - Bill Text download pdf

Comments