Assembly Bill A8867

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8867
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to establishing
   the "New York state vehicle security circumvention device act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 article 12-E to read as follows:
                               ARTICLE 12-E
         NEW YORK STATE VEHICLE SECURITY CIRCUMVENTION DEVICE ACT
 SECTION 399-AA. SHORT TITLE.
         399-BB. LEGISLATIVE INTENT.
         399-CC. DEFINITIONS.
         399-DD. PROHIBITED ACTS.
         399-EE. REPORTING OF LOST OR  STOLEN  VEHICLE  SECURITY  CIRCUM-
                   VENTION DEVICES.
         399-FF. PENALTIES.
         399-GG. SEVERABILITY.
   § 399-AA. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE
 "NEW YORK STATE VEHICLE SECURITY CIRCUMVENTION DEVICE ACT".
   §  399-BB. LEGISLATIVE INTENT. IN TWO THOUSAND TWENTY-FOUR, OVER EIGHT
 HUNDRED FIFTY THOUSAND VEHICLES WERE STOLEN, OFTEN  BY  ORGANIZED  CRIME
 RINGS.  MOTOR  VEHICLE  KEY  PROGRAMMING  OR EMULATING DEVICES AND RELAY
 ATTACK DEVICES ARE INCREASINGLY USED BY THIEVES  TO  STEAL  VEHICLES.  A
 MOTOR  VEHICLE  KEY  PROGRAMMING OR EMULATING DEVICE IS A DEVICE USED TO
 ELECTRONICALLY COMMUNICATE WITH A MOTOR VEHICLE TO PROGRAM A  BLANK  KEY
 FOB  OR  EMULATE A KEY FOB FOR THE PURPOSE OF STARTING AND OPERATING THE
 VEHICLE. A RELAY ATTACK DEVICE IS A DEVICE USED TO INTERCEPT A  KEY  FOB
 SIGNAL  TO UNLOCK AND/OR REMOTELY ACTIVATE THE IGNITION OF A MOTOR VEHI-
 CLE.  PROHIBITING  THE  MANUFACTURING,  SALE,  OFFERING  TO   SELL,   OR
 POSSESSION OF THE DEVICES OUTSIDE OF LAWFUL AND REASONABLE PURPOSES WILL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13335-01-5
              

 A. 8867                             2
 
 HELP ALIGN VEHICLE THEFT STATUTES WITH 21ST CENTURY CRIMINAL TACTICS AND
 PROVIDE  LAW  ENFORCEMENT  THE  NECESSARY  TOOLS THEY NEED TO COMBAT CAR
 THIEVES USING TODAY'S MOST SOPHISTICATED TECHNOLOGY.
   THE  VEHICLE  SECURITY CIRCUMVENTION DEVICE ACT PROHIBITS THE UNLAWFUL
 MANUFACTURING, POSSESSION, TRANSFER, OR SALE  OF  A  MOTOR  VEHICLE  KEY
 PROGRAMMING  OR  EMULATING  DEVICE OR RELAY ATTACK DEVICE. IT REQUIRES A
 PERSON LAWFULLY AUTHORIZED TO POSSESS A MOTOR VEHICLE KEY PROGRAMMING OR
 EMULATING DEVICE OR RELAY ATTACK DEVICE TO  REPORT  TO  LAW  ENFORCEMENT
 WITHIN  FORTY-EIGHT  HOURS A LOST OR STOLEN DEVICE. THIS ACT ESTABLISHES
 CRIMINAL PENALTIES TO COMBAT AUTO THEFT.
   § 399-CC. DEFINITIONS. AS USED IN THIS ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "MOTOR  VEHICLE  KEY  PROGRAMMING  OR  EMULATING DEVICE" MEANS ANY
 DEVICE, COMPUTER PROGRAM, APPLICATION, OR SOFTWARE DESIGNED OR  USED  TO
 ELECTRONICALLY  COMMUNICATE  WITH  A  MOTOR  VEHICLE  FOR THE PURPOSE OF
 PROGRAMMING OR EMULATING A MOTOR VEHICLE KEY  FOB  THAT  IS  CAPABLE  OF
 BEING USED TO UNLOCK OR START THE MOTOR VEHICLE.
   2.  "RELAY ATTACK DEVICE" MEANS ANY DEVICE, COMPUTER PROGRAM, APPLICA-
 TION, OR SOFTWARE DESIGNED OR USED TO INTERCEPT THE SIGNAL FROM THE  KEY
 FOB OF A MOTOR VEHICLE TO UNLOCK OR START THE MOTOR VEHICLE.
   §  399-DD.  PROHIBITED  ACTS.  NO  PERSON SHALL KNOWINGLY MANUFACTURE,
 SELL, OFFER TO SELL, TRANSFER, OR POSSESS A MOTOR VEHICLE  KEY  PROGRAM-
 MING OR EMULATING DEVICE OR RELAY ATTACK DEVICE, OR AID OR PERMIT ANOTH-
 ER  TO  USE A MOTOR VEHICLE KEY PROGRAMMING OR EMULATING DEVICE OR RELAY
 ATTACK DEVICE. THIS SECTION SHALL NOT APPLY TO THE MANUFACTURING,  SALE,
 OFFERING  TO  SELL,  TRANSFER, POSSESSION, OR USE OF A MOTOR VEHICLE KEY
 PROGRAMMING OR EMULATING DEVICE OR RELAY ATTACK DEVICE FOR A LAWFUL  AND
 REASONABLE  PURPOSE  BY  OR TO A LAW ENFORCEMENT OFFICER, AN EMPLOYEE OF
 THE NATIONAL INSURANCE CRIME BUREAU, OR AN EMPLOYEE OF A LICENSED: DEAL-
 ER, DISTRIBUTOR OR MANUFACTURER  OF  MOTOR  VEHICLES  OR  MOTOR  VEHICLE
 LOCKS;  MOTOR  VEHICLE MECHANIC SHOP; LOCKSMITH COMPANY; OR REPOSSESSION
 AGENCY.
   § 399-EE. REPORTING OF LOST OR STOLEN VEHICLE  SECURITY  CIRCUMVENTION
 DEVICES.  A PERSON AUTHORIZED TO POSSESS A MOTOR VEHICLE KEY PROGRAMMING
 OR EMULATING DEVICE OR RELAY ATTACK DEVICE SHALL REPORT A LOST OR STOLEN
 MOTOR VEHICLE KEY PROGRAMMING OR EMULATING DEVICE OR RELAY ATTACK DEVICE
 WITHIN FORTY-EIGHT HOURS OF BECOMING AWARE THAT SUCH DEVICE WAS LOST  OR
 STOLEN  TO A LAW ENFORCEMENT AGENCY WITHIN THE JURISDICTION IN WHICH THE
 DEVICE IS KNOWN OR THOUGHT TO BE LOST OR STOLEN.
   § 399-FF. PENALTIES. ANY PERSON  CONVICTED  OF  AN  OFFENSE  COMMITTED
 UNDER  SECTION  THREE  HUNDRED  NINETY-NINE-DD  OF THIS ARTICLE SHALL BE
 GUILTY OF A CLASS E FELONY. ANY PERSON WHO FAILS TO REPORT UNDER SECTION
 THREE HUNDRED NINETY-NINE-EE OF THIS ARTICLE SHALL BE SUBJECT TO A  FINE
 OF UP TO FIVE THOUSAND DOLLARS OR A CLASS A MISDEMEANOR.
   §  399-GG.  SEVERABILITY. IF ANY PROVISION OF THIS ACT OR ITS APPLICA-
 TION TO ANY PERSON, LEGAL ENTITY, OR CIRCUMSTANCE IS HELD  INVALID,  THE
 REMAINDER  OF  THIS  ACT  OR  THE  APPLICATION OF THE PROVISION TO OTHER
 PERSONS, LEGAL ENTITIES OR CIRCUMSTANCES SHALL NOT BE AFFECTED.
   § 2. This act shall take effect immediately.