S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5084
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by M. of A. RAIA, PALUMBO, DiPIETRO, GIGLIO, LALOR, FINCH --
   Multi-Sponsored by -- M. of A. BARCLAY,  BLANKENBUSH,  CROUCH,  GALEF,
   GOODELL,  McDONOUGH, M. L. MILLER, MORINELLO -- 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.
              

                                                            LBD07861-01-9

 A. 5084                             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.