Assembly Bill A397

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    397
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation  to  enhanced  penalties  for
   larceny  and  criminal  possession  of stolen property against elderly
   persons

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 155.44 to
 read as follows:
 § 155.44 ENHANCED PENALTIES FOR LARCENY AGAINST ELDERLY PERSONS.
   1. FOR ANY OFFENSE COMMITTED IN VIOLATION OF THIS  ARTICLE  AGAINST  A
 PERSON  SIXTY  YEARS  OF  AGE OR OLDER, WHERE SUCH PERSON IS AN INTENDED
 VICTIM OF THE OFFENSE, OTHER THAN SECTION 155.42 OR 155.43 OF THIS ARTI-
 CLE, AND:
   (A) WHERE SUCH OFFENSE IS A MISDEMEANOR, THE OFFENSE SHALL BE DEEMED A
 CLASS E FELONY; OR
   (B) WHERE SUCH OFFENSE IS A FELONY, THE OFFENSE SHALL BE DEEMED TO  BE
 ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED.
   2.  THE  ENHANCED  PENALTY  PROVIDED  FOR  BY  SUBDIVISION ONE OF THIS
 SECTION SHALL ONLY APPLY WHERE:
   (A) THE OFFENDER KNEW THE AGE OF THE VICTIM PRIOR TO  OR  LEARNED  THE
 AGE OF THE VICTIM DURING THE COMMISSION OF THE ACT; AND
   (B)  THE  OFFENDER  HAS PREVIOUSLY BEEN CONVICTED OF A LARCENY OFFENSE
 OTHER THAN SECTION 155.42 OR 155.43 OF THIS ARTICLE INVOLVING  A  PERSON
 SIXTY YEARS OF AGE OR OLDER.
   §  2.  The penal law is amended by adding a new section 165.67 to read
 as follows:
 § 165.67 ENHANCED PENALTIES FOR CRIMINAL POSSESSION OF  STOLEN  PROPERTY
             AGAINST ELDERLY PERSONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01932-01-5
              

 A. 397                              2
 
   1.  FOR ANY OFFENSE COMMITTED IN VIOLATION OF SECTIONS 165.40, 165.45,
 165.50 AND 165.52 OF THIS ARTICLE AGAINST A PERSON SIXTY YEARS OF AGE OR
 OLDER, WHERE SUCH PERSON IS AN INTENDED VICTIM OF THE OFFENSE, AND:
   (A) WHERE SUCH OFFENSE IS A MISDEMEANOR, THE OFFENSE SHALL BE DEEMED A
 CLASS E FELONY; OR
   (B)  WHERE SUCH OFFENSE IS A FELONY, THE OFFENSE SHALL BE DEEMED TO BE
 ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED.
   2. THE ENHANCED PENALTY  PROVIDED  FOR  BY  SUBDIVISION  ONE  OF  THIS
 SECTION SHALL ONLY APPLY WHERE:
   (A)  THE  OFFENDER  KNEW THE AGE OF THE VICTIM PRIOR TO OR LEARNED THE
 AGE OF THE VICTIM DURING THE COMMISSION OF THE ACT; AND
   (B)  THE  OFFENDER  HAS  PREVIOUSLY  BEEN  CONVICTED  OF  A   CRIMINAL
 POSSESSION  OF STOLEN PROPERTY OFFENSE INVOLVING A PERSON SIXTY YEARS OF
 AGE OR OLDER.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.