Senate Bill S1386

2019-2020 Legislative Session

Relates to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 14, 2019	referred to codes

co-Sponsors

2019-S1386 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§155.30, 155.35, 155.40, 155.42, 145.05, 145.10 & 145.12, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S3763

2019-S1386 (ACTIVE) - Summary

Relates to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor, when committed within the geographical area where the state of emergency is in effect.

2019-S1386 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1386

SPONSOR: FUNKE
 
TITLE OF BILL:

An act to amend the penal law, in relation to increasing the penalty for
larceny and criminal mischief during a declaration of a state of emer-
gency by the governor, when committed within the geographical area where
the state of emergency is in effect

 
PURPOSE:

This legislation would increase the penalty for larceny and criminal
mischief during a declaration of a state of emergency by the governor

 
SUMMARY OF PROVISIONS:

Section one amends section 155.30 of the penal law and adds a new subdi-
vision 12

Section two amends section 155.35 of the penal law and adds a new

subdivision3

Section three amends subdivision 3 section 155.40 of the penal law and
adds a new subdivision 3

Section four amends section 155.42 of the penal law

Section five amends section145.05 of the penal law and adds a new subdi-
vision 3

Section six amends section 145.10 of the penal law Section seven amends
section 145.12 of the penal law Section eight provides the effective
date

 
JUSTIFICATION:

When there is a declared state of emergency government, businesses and
civilians are vulnerable. Whether a state of emergency is declared due
to flooding, severe snow storms or a hurricane, there are laws on the
books protecting New Yorkers from price gouging. Under current law,
larceny and criminal mischief are crimes, however, during a state of
emergency, committing these crimes does not result in a higher penalty.
In a similar way that NYS has recognized a problem with price gouging
during a state of emergency and put laws on the books to prevent, deter
and punish those who would do it, we need to increase the penalties for
those who would commit larceny or criminal mischief.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law

2019-S1386 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1386
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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 increasing the penalty for
   larceny and criminal mischief during a declaration of a state of emer-
   gency by the governor, when committed  within  the  geographical  area
   where the state of emergency is in effect
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 155.30 of the penal law is amended by adding a  new
 subdivision 12 to read as follows:
   12.  HE  OR  SHE  COMMITS  THE  OFFENSE OF PETIT LARCENY UNDER SECTION
 155.25 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF  EMERGENCY  BY
 THE  GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE OF EMERGENCY
 IS IN EFFECT.
   § 2. Section 155.35 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. COMMITS THE OFFENSE OF GRAND LARCENY IN  THE  FOURTH  DEGREE  UNDER
 SECTION  155.30 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF EMER-
 GENCY BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE  STATE  OF
 EMERGENCY IS IN EFFECT.
   § 3. Section 155.40 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3.  HE OR SHE COMMITS THE OFFENSE OF GRAND LARCENY IN THE THIRD DEGREE
 UNDER SECTION 155.35 OF THIS ARTICLE DURING A DECLARATION OF A STATE  OF
 EMERGENCY  BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE
 OF EMERGENCY IS IN EFFECT.
   § 4. Section 155.42 of the penal law, as added by chapter 515  of  the
 laws of 1986, is amended to read as follows:
 § 155.42 Grand larceny in the first degree.
   A person is guilty of grand larceny in the first degree when he steals
 property and when:

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

                                                            LBD07113-01-9

 S. 1386                             2
 
   1. [the] THE value of the property exceeds one million dollars; OR
   2. HE OR SHE COMMITS THE OFFENSE OF GRAND LARCENY IN THE SECOND DEGREE
 UNDER  SECTION 155.40 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF
 EMERGENCY BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE  STATE
 OF EMERGENCY IS IN EFFECT.
   Grand larceny in the first degree is a class B felony.
   § 5. Section 145.05 of the penal law is amended by adding a new subdi-
 vision 3 to read as follows:
   3. COMMITS THE OFFENSE OF CRIMINAL MISCHIEF IN THE FOURTH DEGREE UNDER
 SECTION  145.00 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF EMER-
 GENCY BY THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE  STATE  OF
 EMERGENCY IS IN EFFECT.
   § 6. Section 145.10 of the penal law, as amended by chapter 961 of the
 laws of 1971, is amended to read as follows:
 § 145.10 Criminal mischief in the second degree.
   A person is guilty of criminal mischief in the second degree when with
 intent  to  damage property of another person, and having no right to do
 so nor any reasonable ground to believe that he has such  right,  he  OR
 SHE:
   1. damages property of another person in an amount exceeding one thou-
 sand five hundred dollars; OR
   2.  COMMITS THE OFFENSE OF CRIMINAL MISCHIEF IN THE THIRD DEGREE UNDER
 SECTION 145.05 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF  EMER-
 GENCY  BY  THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE OF
 EMERGENCY IS IN EFFECT.
   Criminal mischief in the second degree is a class D felony.
   § 7. Section 145.12 of the penal law, as added by chapter 961  of  the
 laws of 1971, is amended to read as follows:
 § 145.12 Criminal mischief in the first degree.
   A  person is guilty of criminal mischief in the first degree when with
 intent to damage property of another person, and having no right  to  do
 so  nor  any  reasonable ground to believe that he has such right, he OR
 SHE:
   1. damages property of another person by means of an explosive; OR
   2. COMMITS THE OFFENSE OF CRIMINAL MISCHIEF IN THE SECOND DEGREE UNDER
 SECTION 145.10 OF THIS ARTICLE DURING A DECLARATION OF A STATE OF  EMER-
 GENCY  BY  THE GOVERNOR, WITHIN THE GEOGRAPHICAL AREA WHERE THE STATE OF
 EMERGENCY IS IN EFFECT.
   Criminal mischief in the first degree is a class B felony.
   § 8. 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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Senate Bill S1386

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2019-S1386 (ACTIVE) - Details

2019-S1386 (ACTIVE) - Summary

2019-S1386 (ACTIVE) - Sponsor Memo

2019-S1386 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rich Funke

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

Fred Akshar

2019-S1386 (ACTIVE) - Details

2019-S1386 (ACTIVE) - Summary

2019-S1386 (ACTIVE) - Sponsor Memo

2019-S1386 (ACTIVE) - Bill Text download pdf

Comments