S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3151
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M.  of  A.  RAIA, PALUMBO, SIMANOWITZ, DiPIETRO, GIGLIO,
   LALOR, FINCH -- Multi-Sponsored by -- M. of A. BARCLAY, CROUCH, GALEF,
   GOODELL, McKEVITT, OAKS -- read once and referred to the Committee  on
   Codes
 
 AN  ACT  to amend the penal law, in relation to the offense of unauthor-
   ized use of a vehicle in third degree

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 165.05 of the penal law, as amended by chapter 413
 of the laws of 1982, is amended to read as follows:
 § 165.05 Unauthorized use of a vehicle in the third degree.
   A person is guilty of unauthorized use  of  a  vehicle  in  the  third
 degree when:
   1.  Knowing  that he OR SHE does not have the consent of the owner, he
 OR SHE takes, ENTERS OR REMAINS IN, operates,  exercises  control  over,
 rides  in  or otherwise uses a vehicle. A person who engages in any such
 conduct without the consent of the owner is presumed to know that he  OR
 SHE does not have such consent; or
   2.  Having  custody  of  a  vehicle  pursuant  to an agreement between
 himself OR HERSELF or another and the owner thereof whereby he OR SHE or
 another is to perform for compensation a specific service for the  owner
 involving  the  maintenance,  repair  or  use of such vehicle, he OR SHE
 intentionally uses or operates the same,  without  the  consent  of  the
 owner,  for  his  OR  HER  own purposes in a manner constituting a gross
 deviation from the agreed purpose; or
   3. Having custody of a vehicle pursuant to an agreement with the owner
 thereof whereby such vehicle is to be returned to the owner at a  speci-
 fied time, he OR SHE intentionally retains or withholds possession ther-
 eof,  without  the  consent of the owner, for so lengthy a period beyond
 the specified time as to render such retention  or  possession  a  gross
 deviation from the agreement.

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

                                                            LBD05855-01-7

 A. 3151                             2
 
   For  purposes  of  this section "a gross deviation from the agreement"
 shall consist of, but not be limited to, circumstances wherein a  person
 who having had custody of a vehicle for a period of fifteen days or less
 pursuant  to  a written agreement retains possession of such vehicle for
 at  least  seven  days  beyond the period specified in the agreement and
 continues such possession for a period  of  more  than  two  days  after
 service  or  refusal  of  attempted  service of a notice in person or by
 certified mail at an address indicated in the agreement stating (i)  the
 date  and  time at which the vehicle was to have been returned under the
 agreement; (ii) that the owner does not consent to the  continued  with-
 holding  or  retaining  of such vehicle and demands its return; and that
 continued withholding or retaining of the vehicle may constitute a class
 A misdemeanor punishable by a fine of up to one thousand dollars or by a
 sentence to a term of imprisonment for a period of up to one year or  by
 both such fine and imprisonment.
   Unauthorized  use of a vehicle in the third degree is a class A misde-
 meanor.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.