NY State Senate Bill S6569

Current Bill Status - In Senate Committee Codes Committee

Introduced
In Committee
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- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2023	referred to codes

Co-Sponsors

S6569 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; add §§155.50 & 155.55, amd §187.00, Pen L; amd §63, Exec L

S6569 (ACTIVE) - Summary

Relates to the theft of real property; creates crimes relating to 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.

S6569 (ACTIVE) - 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.

S6569 (ACTIVE) - 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.

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The New York State Senate

senate Bill S6569

Sponsored By

Current Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

S6569 (ACTIVE) - Details

S6569 (ACTIVE) - Summary

S6569 (ACTIVE) - Sponsor Memo

S6569 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6569

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Sponsored By

Zellnor Myrie

Current Bill Status - In Senate Committee Codes Committee

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Co-Sponsors

Jamaal T. Bailey

Andrew Gounardes

Brian Kavanagh

S6569 (ACTIVE) - Details

S6569 (ACTIVE) - Summary

S6569 (ACTIVE) - Sponsor Memo

S6569 (ACTIVE) - Bill Text download pdf

Comments