NY State Senate Bill 2023-S6569B

Current 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 16, 2024	print number 6569b
Feb 16, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes returned to senate died in assembly
Jun 08, 2023	referred to codes delivered to assembly passed senate ordered to third reading cal.1760 committee discharged and committed to rules
Jun 04, 2023	print number 6569a
Jun 04, 2023	amend and recommit to codes
Apr 27, 2023	referred to codes

Votes

- Jun 8, 2023 - Floor Vote
  S6569B
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 8, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Cooney
  Jun 8, 2023 - Rules Committee Vote
  S6569B
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 8, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Helming
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      excused (1)
      
      O'Mara

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S6569 - Details

See Assembly Version of this Bill:: A9763
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §§155.00, 155.05, 155.35, 155.40, 155.42 & 187.00, Pen L; amd §63, Exec L

2023-S6569 - Summary

Relates to the theft of real property; defines certain larceny crimes as involving deed theft; authorizes the attorney general to investigate and prosecute every person or entity charged with the commission of a criminal offense in violation or transactions relating to deed theft or a transaction involving real property.

2023-S6569 - Sponsor Memo

                                 
BILL NUMBER: S6569

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law, the penal law and the execu-
tive law, in relation to deed theft

 
PURPOSE:

The purpose of this bill is to provide homeowners victimized by deed
theft with appropriate tools to fight evictions and recover property in
certain civil proceedings, and to makes other changes that strengthen
the ability of law enforcement officials to investigate, prosecute, and
take other remedial action against instances of deed theft.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would amend the Criminal Procedure Law to
increase the statute of limitations from five years to eight years only
with respect to the commission of a felony crimes related to a deed
theft or for fraud in connection with a real property transaction.

Sections two and three of the bill would amend the Penal Law to create
the new crime of deed theft and to clarify the penal law definition of
residential real property, which is referenced in the deed theft crime.

Section four of the bill would amend the Executive Law to provide the
Attorney General with concurrent jurisdiction to prosecute cases related
to deed theft and real estate related crimes.

 
JUSTIFICATION:

Deed theft schemes rob families and communities of generational wealth.
Deed theft primarily occurs through forgery, where thieves falsify a
homeowner's signature without their knowledge, or through fraud, where
fraudsters deceive a homeowner into signing away title without realizing
what they have done. Deed thieves target mainly minority homeowners in
gentrifying neighborhoods with homes that have significantly appreciated
in value over the years, and that face some type of financial hardship,
like foreclosure, or tax or water liens.

The Office of the Attorney General (OAG), as chair of the Deed Theft
Task Force, regularly works with district attorneys' offices across the
state, local government, and legal services organizations to coordinate
our response to deed theft, discuss current trends in detecting, inves-
tigating and prosecuting deed theft, share research and analytics, and
exchange ideas on how to prosecute these complex crimes more effec-
tively. Based on the discussions of the Task Force and its own use of
both criminal and civil law to combat deed theft, the OAG is recommend-
ing to the Legislature the proposed amendments in this bill to aid its
work, those of other law enforcement partners, and to make it easier for
homeowners and civil practitioners to New York State Senate Memorandum
in Support of Legislation Submitted in accordance with Senate Rule VI,
Sec. 1 fend off attempted deed thefts and to restore title to their
property.  Often victims report deed theft too late because they learn
of the crime years later and prosecutors have no recourse but to close
the matter because the statute of limitations have run out.

Deed theft takes many forms and is often perpetrated by sophisticated
operations that take years to unwind. Often investigators find over time
that multiple properties have been stolen by the same perpetrators.
Investigating these crimes are thus resource and time intensive. Allow-
ing the OAG concurrent jurisdiction to investigate and prosecute these
crimes will provide relief and assist more victims. Current law does not
provide prosecutors or victims adequate tools and protections to combat
the various forms of deed theft. The new crime of deed theft will bring
awareness to this issue and send a message to deed thieves, as well as
law enforcement and the judiciary that the legislature will not tolerate
this crime. This bill includes broad but balanced solutions that will
protect those who have been victimized by deed theft and ensure that
such crimes are prosecuted.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined. However, this bill would facilitate the ability of local
and state law enforcement to proceed with investigations and prose-
cutions in a more effective manner.

 
EFFECTIVE DATE:
30 days following enactment.

2023-S6569 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6569
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2023
                                ___________
 
 Introduced by Sen. MYRIE -- (at request of the Attorney General) -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law, the penal law and the execu-
   tive law, in relation to deed theft

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3 of section 30.10 of the criminal procedure
 law is amended by adding a new paragraph (h) to read as follows:
   (H) A PROSECUTION FOR ANY FELONY RELATED TO  A  DEED  THEFT  OR  WHERE
 THERE  IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY
 MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME.
   § 2. The penal law is amended by adding two new  sections  155.50  and
 155.55 to read as follows:
 § 155.50 DEED THEFT IN THE SECOND DEGREE.
   A  PERSON  IS  GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN A PERSON
 STEALS REAL PROPERTY.
   DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 155.55 DEED THEFT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE FIRST  DEGREE  WHEN  A  PERSON
 STEALS  RESIDENTIAL  REAL  PROPERTY,  AS SUCH TERM IS DEFINED IN SECTION
 187.00 OF THIS PART; OR (B) A PERSON STEALS TWO OR MORE REAL PROPERTIES.
   DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 3. Subdivision 3 of section 187.00 of the penal law, as  amended  by
 chapter 507 of the laws of 2009, is amended to read as follows:
   3.  "Residential  real  property"  means real property THAT IS USED OR
 OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY,  AS  THE
 HOME  OR  RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
 IS improved by a one-to-four family dwelling, or a residential unit in a
 building including units owned  as  condominiums  or  on  a  cooperative
 basis,  used  or occupied, or intended to be used or occupied, wholly or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07601-06-3

 S. 6569                             2
 
 partly, as the home or residence of one or more persons, but  shall  not
 refer  to  unimproved  real property upon which such dwellings are to be
 constructed.
   § 4. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR
 ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF
 THE  LAWS  OF THIS STATE APPLICABLE TO OR IN RESPECT OF THE PRACTICES OR
 TRANSACTIONS REFERRED TO IN ARTICLE ONE HUNDRED FIFTY-FIVE OF THE  PENAL
 LAW  RELATING  TO DEED THEFT OR IN CONNECTION WITH A DEED THEFT OR WHERE
 THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY.
 IN ALL SUCH PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY
 HIS OR HER DEPUTY BEFORE ANY COURT OF RECORD OR ANY GRAND JURY AND EXER-
 CISE ALL THE POWERS AND PERFORM  ALL  THE  DUTIES  IN  RESPECT  OF  SUCH
 ACTIONS  OR  PROCEEDINGS  WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE
 AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM; OR THE  ATTORNEY  GENERAL
 MAY IN HIS OR HER DISCRETION TRANSMIT EVIDENCE, PROOF AND INFORMATION AS
 TO  SUCH  OFFENSE  TO THE DISTRICT ATTORNEY OF THE COUNTY OR COUNTIES IN
 WHICH THE ALLEGED VIOLATION HAS OCCURRED, AND EVERY DISTRICT ATTORNEY TO
 WHOM SUCH EVIDENCE, PROOF AND INFORMATION IS SO TRANSMITTED  MAY  FORTH-
 WITH  PROCEED  TO  PROSECUTE  ANY  CORPORATION, COMPANY, ASSOCIATION, OR
 OFFICER, MANAGER OR AGENT THEREOF, OR ANY FIRM OR  PERSON  CHARGED  WITH
 SUCH VIOLATION.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2023-S6569A - Details

See Assembly Version of this Bill:: A9763
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §§155.00, 155.05, 155.35, 155.40, 155.42 & 187.00, Pen L; amd §63, Exec L

2023-S6569A - Summary

2023-S6569A - Sponsor Memo

                                 
BILL NUMBER: S6569A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law, the penal law and the execu-
tive law, in relation to deed theft

 
PURPOSE:

The purpose of this bill is to provide homeowners victimized by deed
theft with appropriate tools to fight evictions and recover property in
certain civil proceedings, and to makes other changes that strengthen
the ability of law enforcement officials to investigate, prosecute, and
take other remedial action against instances of deed theft.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would amend the Criminal Procedure Law to
increase the statute of limitations from five years to eight years only
with respect to the commission of a felony crimes related to a deed
theft or for fraud in connection with a real property transaction.

Sections two and three of the bill would amend the Penal Law to create
the new crime of deed theft and to clarify the penal law definition of
residential real property, which is referenced in the deed theft crime.

Section four of the bill would amend the Executive Law to provide the
Attorney General with concurrent jurisdiction to prosecute cases related
to deed theft and real estate related crimes.

 
JUSTIFICATION:

Deed theft schemes rob families and communities of generational wealth.
Deed theft primarily occurs through forgery, where thieves falsify a
homeowner's signature without their knowledge, or through fraud, where
fraudsters deceive a homeowner into signing away title without realizing
what they have done. Deed thieves target mainly minority homeowners in
gentrifying neighborhoods with homes that have significantly appreciated
in value over the years, and that face some type of financial hardship,
like foreclosure, or tax or water liens.

The Office of the Attorney General (OAG), as chair of the Deed Theft
Task Force, regularly works with district attorneys' offices across the
state, local government, and legal services organizations to coordinate
our response to deed theft, discuss current trends in detecting, inves-
tigating and prosecuting deed theft, share research and analytics, and
exchange ideas on how to prosecute these complex crimes more effec-
tively. Based on the discussions of the Task Force and its own use of
both criminal and civil law to combat deed theft, the OAG is recommend-
ing to the Legislature the proposed amendments in this bill to aid its
work, those of other law enforcement partners, and to make it easier for
homeowners and civil practitioners to fend off attempted deed thefts and
to restore title to their property. Often victims report deed theft too
late because they learn of the crime years later and prosecutors have no
recourse but to close the matter because the statute of limitations have
run out.


Deed theft takes many forms and is often perpetrated by sophisticated
operations that take years to unwind. Often investigators find over time
that multiple properties have been stolen by the same perpetrators.
Investigating these crimes are thus resource and time intensive. Allow-
ing the OAG concurrent jurisdiction to investigate and prosecute these
crimes will provide relief and assist more victims. Current law does not
provide prosecutors or victims adequate tools and protections to combat
the various forms of deed theft. The new crime of deed theft will bring
awareness to this issue and send a message to deed thieves, as well as
law enforcement and the judiciary that the legislature will not tolerate
this crime. This bill includes broad but balanced solutions that will
protect those who have been victimized by deed theft and ensure that
such crimes are prosecuted.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined. However, this bill would facilitate the ability of local
and state law enforcement to proceed with investigations and prose-
cutions in a more effective manner.

 
EFFECTIVE DATE:
30 days following enactment.

2023-S6569A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6569--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2023
                                ___________
 
 Introduced by Sens. MYRIE, BAILEY, GOUNARDES, KAVANAGH -- (at request of
   the  Attorney  General)  --  read  twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the criminal procedure law, the penal law and the execu-
   tive law, in relation to deed theft
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 30.10 of  the  criminal  procedure
 law is amended by adding a new paragraph (h) to read as follows:
   (H)  A  PROSECUTION  FOR  ANY  FELONY RELATED TO A DEED THEFT OR WHERE
 THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL  PROPERTY
 MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME.
   §  2.  The penal law is amended by adding a new article 162 to read as
 follows:
                                ARTICLE 162
                   RESIDENTIAL AND COMMERCIAL DEED THEFT
 SECTION 162.00 DEFINITIONS.
         162.05 DEED THEFT IN THE THIRD DEGREE.
         162.10 DEED THEFT IN THE SECOND DEGREE.
         162.15 DEED THEFT IN THE FIRST DEGREE.
         162.20 AGGRAVATED DEED THEFT.
 § 162.00 DEFINITIONS.
   FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   (1) "DEED THEFT" IS COMMITTED BY A PERSON WHO,
   (A) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS PROPERTY
 DOCUMENTS  SUCH  AS  A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE
 INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNER-
 SHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07601-07-3

 S. 6569--A                          2
 
   (B) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE  OWNER  OR
 AUTHORIZED  REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO
 INDUCE OTHERS TO RELY ON SUCH  FALSE  INFORMATION  IN  ORDER  TO  OBTAIN
 OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
   (C) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE
 OR  OWNERSHIP  OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY OTHER
 FRAUDULENT OR DECEPTIVE PRACTICE.
   (2) "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD  THEREOF  SHALL
 HAVE  THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00
 OF THIS PART.
   (3) "COMMERCIAL REAL PROPERTY" OR ANY DERIVATIVE  WORD  THEREOF  SHALL
 HAVE  THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF
 SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW.
   (4) "MIXED-USE PROPERTY" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN
 SUBDIVISION  TWENTY-TWO  OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE
 REAL PROPERTY TAX LAW.
   (5) "INCOMPETENT" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  SECTION
 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
   (6)  "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL
 DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN  PROP-
 ERTY  AND/OR  PERSONAL  NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH
 PERSON IS UNABLE TO UNDERSTAND AND  APPRECIATE  THE  NATURE  AND  CONSE-
 QUENCES  OF  NOT  BEING  ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL
 NEEDS.
 § 162.05 DEED THEFT IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE THIRD DEGREE WHEN SUCH  PERSON
 COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPERTY.
   DEED THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 162.10 DEED THEFT IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN SUCH PERSON
 COMMITS  DEED  THEFT  OF:  (1) ONE RESIDENTIAL REAL PROPERTY; OR (2) ONE
 COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (3)
 THREE OR MORE COMMERCIAL PROPERTIES.
   DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 162.15 DEED THEFT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DEED THEFT IN THE FIRST DEGREE WHEN SUCH PERSON:
 (1) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT IS OCCUPIED  AS  A
 HOME  BY AT LEAST ONE PERSON; OR (2) COMMITS DEED THEFT OF A RESIDENTIAL
 PROPERTY THAT INVOLVES A HOME THAT IS OWNED OR OCCUPIED  BY  AN  ELDERLY
 PERSON  OR  AN  INCOMPETENT,  OR  AN INCAPACITATED PERSON, OR PHYSICALLY
 DISABLED PERSON.
   DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
 § 162.20 AGGRAVATED DEED THEFT.
   A PERSON IS GUILTY OF AGGRAVATED DEED THEFT IN THE FIRST  DEGREE  WHEN
 SUCH PERSON COMMITS DEED THEFT OF THREE OR MORE RESIDENTIAL PROPERTIES.
   AGGRAVATED DEED THEFT IS A CLASS B FELONY.
   §  3.  Subdivision 3 of section 187.00 of the penal law, as amended by
 chapter 507 of the laws of 2009, is amended to read as follows:
   3. "Residential real property" means real property  THAT  IS  USED  OR
 OCCUPIED,  OR  INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE
 HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL  PROPERTY  THAT
 IS improved by a one-to-four family dwelling, or a residential unit in a
 building  including  units  owned  as  condominiums  or on a cooperative
 basis, used or occupied, or intended to be used or occupied,  wholly  or
 partly,  as  the home or residence of one or more persons, but shall not
 S. 6569--A                          3
 
 refer to unimproved real property upon which such dwellings  are  to  be
 constructed.
   § 4. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR
 ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF
 THE  LAWS  OF THIS STATE APPLICABLE TO OR IN RESPECT OF THE PRACTICES OR
 TRANSACTIONS REFERRED TO IN ARTICLE ONE HUNDRED SIXTY-TWO OF  THE  PENAL
 LAW  RELATING  TO  RESIDENTIAL OR COMMERCIAL DEED THEFT OR IN CONNECTION
 WITH A DEED THEFT OR WHERE THERE IS FRAUD IN CONNECTION  WITH  A  TRANS-
 ACTION  INVOLVING  REAL PROPERTY.  IN ALL SUCH PROCEEDINGS, THE ATTORNEY
 GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER DEPUTY BEFORE ANY COURT OF
 RECORD OR ANY GRAND JURY AND EXERCISE ALL THE POWERS AND PERFORM ALL THE
 DUTIES IN RESPECT OF SUCH ACTIONS  OR  PROCEEDINGS  WHICH  THE  DISTRICT
 ATTORNEY  WOULD  OTHERWISE  BE  AUTHORIZED  OR  REQUIRED  TO EXERCISE OR
 PERFORM.
   § 5. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

co-Sponsors

2023-S6569B (ACTIVE) - Details

See Assembly Version of this Bill:: A9763
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §§155.00, 155.05, 155.35, 155.40, 155.42 & 187.00, Pen L; amd §63, Exec L

2023-S6569B (ACTIVE) - Summary

2023-S6569B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6569B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the criminal procedure law, the penal law and the execu-
tive law, in relation to deed theft

 
PURPOSE:

The purpose of this bill is to make changes that strengthen the ability
of law enforcement officials to investigate, prosecute, and take other
remedial action against instances of deed theft.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill would amend the Criminal Procedure Law to set
the statute of limitations at five years after the commission of the
crime, or within two years of discovery of the facts constituting such
offense, with respect to the commission of a felony crime related to a
deed theft or for fraud in connection with a real property transaction.

Sections two and three of the bill would amend the crime of larceny
within the Penal Law to include deed theft as a specific form of larceny
and clarify the Penal Law definition of residential real property, which
is referenced in the language establishing deed theft as a form of
larceny.

Section four of the bill would amend the Executive Law to provide the
Attorney General with concurrent jurisdiction to prosecute cases related
to deed theft and real estate related crimes.

 
JUSTIFICATION:

Deed theft schemes rob families and communities of generational wealth.
Deed theft primarily occurs through forgery, where thieves falsify a
homeowner's signature without their knowledge, or through fraud, when
fraudsters deceive a homeowner into signing away title without realizing
what they have done. Deed thieves target mainly minority homeowners in
gentrifying neighborhoods with homes that have significantly appreciated
in value over the years, and that face some type of financial hardship
like foreclosure or tax or water liens.  The addition to the penal law
will place a greater emphasis on the theft of someone's residence, rath-
er than value, and also emphasize the type of vulnerable victims that
prosecutors often see.

The Office of the Attorney General (OAG), as chair of the Deed Theft
Task Force, regularly works with district attorneys' offices across the
state, local government, and legal services organizations to coordinate
our response to deed theft, discuss current trends in detecting, inves-
tigating and prosecuting deed theft, share research and analytics, and
exchange ideas on how to prosecute these complex crimes more effec-
tively. Based on the discussions of the Task Force and its own use of
both criminal and civil law to combat deed theft, the OAG is recommend-
ing to the Legislature the proposed amendments in this bill to aid its
work, those of other law enforcement partners, and to make it easier for
homeowners and civil practitioners to fend off attempted deed thefts and
to restore title to their property.  Often victims report deed theft too
late because they learn of the crime years later and prosecutors have no
recourse but to close the matter because the statute of limitations have
run out. Nothing in this bill will preclude prosecutors from charging
deed thieves under other theories of larceny or other crimes, should
they deem it more appropriate.

Deed theft takes many forms and is often perpetrated by sophisticated
and organized fraudsters through schemes that sometimes take years to
unwind. Often investigators find over time that multiple properties have
been stolen by the same deed thieves. Deed thieves also improperly use
court proceedings like quiet title actions to effectuate the thefts of
homes from their rightful owners. Many of the victims of deed theft do
not have the financial resources to hire an attorney and contest the
fraudulent quiet title actions filed by the deed thieves. Investigating
these crimes are resource and time intensive. Allowing the OAG concur-
rent jurisdiction to investigate and prosecute these crimes will provide
relief and assist more victims. Current law does not provide prosecutors
or victims adequate tools and protections to combat the various forms of
deed theft. The clarification with regards to the crime of deed theft
will bring awareness to this issue, place more emphasis on the harmful
nature of stealing a residential home, and send a message to deed
thieves, as well as law enforcement and the judiciary that the legisla-
ture will not tolerate this crime. This bill includes broad but balanced
solutions that will protect those who have be en victimized by deed
theft and ensure that such crimes are prosecuted.

 
PRIOR LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined. However, this bill would facilitate the ability of local
and state law enforcement to proceed with investigations and prose-
cutions in a more effective manner.

 
EFFECTIVE DATE:
30 days following enactment.

2023-S6569B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6569--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2023
                                ___________
 
 Introduced by Sens. MYRIE, BAILEY, GOUNARDES, KAVANAGH -- (at request of
   the  Attorney  General)  --  read  twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said committee -- recommitted to the Committee on Codes in accord-
   ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the criminal procedure law, the penal law and the execu-
   tive law, in relation to deed theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3 of section 30.10 of the criminal procedure
 law is amended by adding a new paragraph (h) to read as follows:
   (H) A PROSECUTION FOR ANY FELONY RELATED TO  A  DEED  THEFT  OR  WHERE
 THERE  IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY
 MUST BE COMMENCED WITHIN FIVE YEARS AFTER THE COMMISSION OF  THE  CRIME,
 OR  WITHIN  TWO  YEARS  AFTER  THE  FACTS  CONSTITUTING SUCH OFFENSE ARE
 DISCOVERED BY THE AGGRIEVED PARTY, WHICHEVER OCCURS LATER.
   § 2. Section 155.00 of the penal law is  amended  by  adding  six  new
 subdivisions 11, 12, 13, 14, 15 and 16 to read as follows:
   11.  "RESIDENTIAL  REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
 HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION  187.00
 OF THIS PART.
   12.  "COMMERCIAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL MEAN A
 NONRESIDENTIAL PROPERTY  USED  FOR  THE  BUYING,  SELLING  OR  OTHERWISE
 PROVIDING  OF  GOODS  OR SERVICES INCLUDING HOTEL SERVICES, OR FOR OTHER
 LAWFUL BUSINESS, COMMERCIAL OR MANUFACTURING ACTIVITIES.
   13. "MIXED-USE PROPERTY" SHALL HAVE THE SAME  MEANING  AS  DEFINED  IN
 SUBDIVISION  TWENTY-TWO  OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE
 REAL PROPERTY TAX LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07601-13-4
 S. 6569--B                          2

 
   14. "INCOMPETENT" SHALL HAVE THE SAME MEANING AS  DEFINED  IN  SECTION
 1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
   15.  "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL
 DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
 HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN  PROP-
 ERTY  AND/OR  PERSONAL  NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH
 PERSON IS UNABLE TO UNDERSTAND AND  APPRECIATE  THE  NATURE  AND  CONSE-
 QUENCES  OF  NOT  BEING  ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL
 NEEDS.
   16. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
   § 3. Subparagraph (ix) of paragraph (e) and paragraph (f) of  subdivi-
 sion  2  of  section  155.05 of the penal law, paragraph (f) as added by
 chapter 353 of the laws of 2023, are amended and a new paragraph (g)  is
 added to read as follows:
   (ix)  Perform any other act which would not in itself materially bene-
 fit the actor but which is calculated to harm another person  materially
 with  respect  to  his OR HER health, safety, business, calling, career,
 financial condition, reputation or personal relationships[.]; OR
   (f) By wage theft.
   A person obtains property by wage theft when he or she hires a  person
 to perform services and the person performs such services and the person
 does  not  pay wages, at the minimum wage rate and overtime, or promised
 wage, if greater than the minimum wage rate and overtime, to said person
 for work performed. In a prosecution for wage theft, for the purposes of
 venue, it is permissible to aggregate all nonpayments  or  underpayments
 to  one  person  from  one  person,  into one larceny count, even if the
 nonpayments or underpayments occurred in multiple counties. It  is  also
 permissible  to  aggregate nonpayments or underpayments from a workforce
 into one  larceny  count  even  if  such  nonpayments  or  underpayments
 occurred in multiple counties[.]; OR
   (G) BY DEED THEFT.
   A PERSON COMMITS DEED THEFT WHEN HE OR SHE:
   (I)  INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS A PROP-
 ERTY DOCUMENT SUCH AS A RESIDENTIAL OR COMMERCIAL DEED  OR  TITLE,  WITH
 THE  INTENT  TO  DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE
 OWNERSHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
   (II) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER  OR
 AUTHORIZED  REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO
 INDUCE OTHERS TO RELY ON SUCH  FALSE  INFORMATION  IN  ORDER  TO  OBTAIN
 OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
   (III)  WITH  INTENT  TO  DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS
 TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY,  OR  ANY
 OTHER FRAUDULENT OR DECEPTIVE PRACTICE.
   § 4. Section 155.35 of the penal law, as amended by chapter 464 of the
 laws of 2010, is amended to read as follows:
 § 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:
   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. WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL  PROPER-
 TY, REGARDLESS OF THE VALUE.
   Grand larceny in the third degree is a class D felony.
   § 5. Section 155.40 of the penal law, as amended by chapter 515 of the
 laws of 1986, is amended to read as follows:
 S. 6569--B                          3
 
 § 155.40 Grand larceny in the second degree.
   A  person  is  guilty of grand larceny in the second degree when he OR
 SHE steals property and when:
   1. The value of the property exceeds fifty thousand dollars; or
   2. The property, regardless of its nature and value,  is  obtained  by
 extortion committed by instilling in the victim a fear that the actor or
 another  person  will  (a)  cause  physical injury to some person in the
 future, or (b) cause damage to property, or (c) use or abuse his OR  HER
 position as a public servant by engaging in conduct within or related to
 his  OR  HER  official  duties,  or by failing or refusing to perform an
 official duty, in such manner as to affect some person adversely[.]; OR
   3. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE  VALUE,  OF:  (A)
 ONE  RESIDENTIAL REAL PROPERTY; OR (B) ONE COMMERCIAL MIXED-USE PROPERTY
 WITH AT LEAST ONE RESIDENTIAL UNIT; OR (C) TWO OR MORE COMMERCIAL  PROP-
 ERTIES.
   Grand larceny in the second degree is a class C felony.
   §  6.  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:
   1. he OR SHE steals property  and  when  the  value  of  the  property
 exceeds one million dollars[.]; OR
   2.  SUCH  PERSON  COMMITS  DEED THEFT, REGARDLESS OF THE VALUE, OF (A)
 RESIDENTIAL REAL PROPERTY THAT IS OCCUPIED AS A HOME  BY  AT  LEAST  ONE
 PERSON;  OR  (B)  RESIDENTIAL REAL PROPERTY THAT INVOLVES A HOME THAT IS
 OWNED BY AN ELDERLY PERSON, AN INCOMPETENT, AN INCAPACITATED PERSON,  OR
 PHYSICALLY  DISABLED PERSON; OR (C) THREE OR MORE RESIDENTIAL REAL PROP-
 ERTIES.
   Grand larceny in the first degree is a class B felony.
   § 7. Subdivision 3 of section 187.00 of the penal law, as  amended  by
 chapter 507 of the laws of 2009, is amended to read as follows:
   3.  "Residential  real  property"  means real property THAT IS USED OR
 OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY,  AS  THE
 HOME  OR  RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
 IS improved by a one-to-four family dwelling, or a residential unit in a
 building including units owned  as  condominiums  or  on  a  cooperative
 basis,  used  or occupied, or intended to be used or occupied, wholly or
 partly, as the home or residence of one or more persons, but  shall  not
 refer  to  unimproved  real property upon which such dwellings are to be
 constructed.
   § 8. Section 63 of the executive law is amended by adding a new subdi-
 vision 17 to read as follows:
   17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR
 ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF
 THE LAWS OF THIS STATE APPLICABLE TO ANY CRIME THAT  AFFECTS  THE  TITLE
 TO,  ENCUMBRANCE  OF,  OR THE POSSESSION OF REAL PROPERTY, INCLUDING BUT
 NOT LIMITED TO DEED THEFT, LARCENY, CRIMINAL POSSESSION OF STOLEN  PROP-
 ERTY,  OFFERING  A  FALSE  INSTRUMENT  FOR  FILING,  FALSIFYING BUSINESS
 RECORDS, RESIDENTIAL MORTGAGE FRAUD, OR SCHEME TO DEFRAUD.  IN ALL  SUCH
 PROCEEDINGS,  THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER
 DEPUTY BEFORE ANY COURT OF RECORD OR ANY GRAND JURY AND EXERCISE ALL THE
 POWERS AND PERFORM  ALL  THE  DUTIES  IN  RESPECT  OF  SUCH  ACTIONS  OR
 PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
 REQUIRED TO EXERCISE OR PERFORM.
   § 9. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S6569B

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Jun 8, 2023 - Floor Vote

Floor Vote: Jun 8, 2023

Jun 8, 2023 - Rules Committee Vote

Rules Committee Vote: Jun 8, 2023

Bill Amendments

co-Sponsors

2023-S6569 - Details

2023-S6569 - Summary

2023-S6569 - Sponsor Memo

2023-S6569 - Bill Text download pdf

co-Sponsors

2023-S6569A - Details

2023-S6569A - Summary

2023-S6569A - Sponsor Memo

2023-S6569A - Bill Text download pdf

co-Sponsors

2023-S6569B (ACTIVE) - Details

2023-S6569B (ACTIVE) - Summary

2023-S6569B (ACTIVE) - Sponsor Memo

2023-S6569B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6569B

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Sponsored By

Current Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2023-S6569 - Details

2023-S6569 - Summary

2023-S6569 - Sponsor Memo

2023-S6569 - Bill Text download pdf

co-Sponsors

2023-S6569A - Details

2023-S6569A - Summary

2023-S6569A - Sponsor Memo

2023-S6569A - Bill Text download pdf

co-Sponsors

2023-S6569B (ACTIVE) - Details

2023-S6569B (ACTIVE) - Summary

2023-S6569B (ACTIVE) - Sponsor Memo

2023-S6569B (ACTIVE) - Bill Text download pdf

Comments