NY State Senate Bill 2023-S4448

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 03, 2024	referred to codes
Feb 08, 2023	referred to codes

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2023-S4448 (ACTIVE) - Details

See Assembly Version of this Bill:: A4121
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §155.30, Pen L

2023-S4448 (ACTIVE) - Summary

Provides that a prior conviction within the past two years for petit larceny shall raise a subsequent offense to grand larceny in the fourth degree.

2023-S4448 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4448REVISED 2/10/23

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the penal law, in relation to grand larceny in the
fourth degree

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill elevates the crime of stealing property from petit larceny to
grand larceny when the person has been previously convicted within the
last two years of petit larceny.

 
SUMMARY OF PROVISIONS:

This bill amends section 155.30 of the penal law to elevate the crime of
stealing property from petit larceny, a class A misdemeanor, to grand
larceny in the fourth degree, a class E felony, when a person has been
previously convicted within the last two years of petit larceny.

JUSTIFICATION:

Retail stores are experiencing shoplifting and theft of goods at an
increasing rate. These frequent instances of property theft create a
number of adverse impacts on businesses, including increases to their
insurance rates, losing revenue as a result of consumers feeling unsafe
to shop which by extension causes a decrease in the State's sales tax
collection, and creating conditions in which retail workers must
confront a person seeking to steal, which in extreme cases can lead to
physical altercations and bodily harm to either party. In instances
where a person who looks to steal is not confronted, an environment is
created where the retail business becomes a target for future robberies.
This bill would ensure that those who steal and are convicted of petit
larceny in the last two years would be charged with grand larceny for
repeated and continued offenses.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

There will be a negative fiscal implication to the State, due to an
increase in expected sales tax revenue as a result of this bill.

 
EFFECTIVE DATE:
Immediately after becoming law.

2023-S4448 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4448
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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  grand  larceny  in  the
   fourth degree
 
   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, as amended by chapter  515
 of the laws of 1986, subdivision 4 as amended by chapter 556 of the laws
 of  1987,  subdivision  8 as amended by chapter 450 of the laws of 1990,
 subdivision 9 as amended by chapter 479 of the laws of 2010, subdivision
 10 as added by chapter 491 of the laws of 1992, and  subdivision  11  as
 added by chapter 394 of the laws of 2005, is amended to read as follows:
 § 155.30 Grand Larceny in the fourth degree.
   A  person  is  guilty  of  grand  larceny in the fourth degree when he
 steals property and when:
   1. The value of the property exceeds one thousand dollars; or
   2. The property consists of a public  record,  writing  or  instrument
 kept,  filed or deposited according to law with or in the keeping of any
 public office or public servant; or
   3. The property consists of secret scientific material; or
   4. The property consists of a credit card or debit card; or
   5. The property, regardless of its nature and value, is taken from the
 person of another; or
   6. The property, regardless of its nature and value,  is  obtained  by
 extortion; or
   7.  The property consists of one or more firearms, rifles or shotguns,
 as such terms are defined in section 265.00 of this chapter; or
   8. The value of the property exceeds one hundred dollars and the prop-
 erty consists of a motor vehicle, as  defined  in  section  one  hundred
 twenty-five  of the vehicle and traffic law, other than a motorcycle, as
 defined in section one hundred twenty-three of such law; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07862-02-3

 S. 4448                             2
 
   9. The property consists of a scroll, religious vestment, a vessel, an
 item comprising a display of religious symbols which forms  a  represen-
 tative  expression  of  faith,  or  other miscellaneous item of property
 which:
   (a) has a value of at least one hundred dollars; and
   (b)  is  kept  for or used in connection with religious worship in any
 building, structure or upon the curtilage of such building or  structure
 used  as  a  place  of  religious worship by a religious corporation, as
 incorporated under the  religious  corporations  law  or  the  education
 law[.]; OR
   10. The property consists of an access device which the person intends
 to use unlawfully to obtain telephone service[.]; OR
   11.  The  property  consists of anhydrous ammonia or liquified ammonia
 gas and the actor intends to use, or knows  another  person  intends  to
 use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
 methamphetamine[.]; OR
   12. THE PERSON HAS BEEN PREVIOUSLY CONVICTED WITHIN THE LAST TWO YEARS
 OF PETIT LARCENY UNDER SECTION 155.25 OF THIS ARTICLE.
   Grand larceny in the fourth degree is a class E felony.
   § 2. This act shall take effect immediately.

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Senate Bill S4448

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Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

2023-S4448 (ACTIVE) - Details

2023-S4448 (ACTIVE) - Summary

2023-S4448 (ACTIVE) - Sponsor Memo

2023-S4448 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

co-Sponsors

2023-S4448 (ACTIVE) - Details

2023-S4448 (ACTIVE) - Summary

2023-S4448 (ACTIVE) - Sponsor Memo

2023-S4448 (ACTIVE) - Bill Text download pdf

Comments