Senate Bill S6569B

2023-2024 Legislative Session

Relates to the theft of real property

download bill text pdf

Sponsored By

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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Bill Amendments

co-Sponsors

2023-S6569 - Details

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

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
              

co-Sponsors

2023-S6569A - Details

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

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-S6569A - Sponsor Memo

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
              

co-Sponsors

2023-S6569B (ACTIVE) - Details

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

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-S6569B (ACTIVE) - Sponsor Memo

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
              

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