Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 07, 2009 |
referred to codes |
Senate Bill S354
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last 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
Actions
2009-S354 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§155.35 & 165.06, rpld §165.05 sub 1, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2625
2009-S354 (ACTIVE) - Sponsor Memo
BILL NUMBER: S354 TITLE OF BILL : An act to amend the penal law, in relation to grand larceny and unauthorized use of a vehicle and repealing subdivision 1 of section 165.05 of such law relating thereto PURPOSE/SUMMARY OF PROVISIONS : To increase the penalties for theft of automobiles. This bill amends section 155.35 of the penal law and repeals section 165.05 of the penal law. JUSTIFICATION : Six years ago, the NYS Legislature and then Governor Cuomo recognized that our laws regarding automobile theft were too lenient. Therefore, section 155.30 was amended to include theft of a motor vehicle under the definition of grand larceny in the fourth degree which is a class E felony. However, subdivision one of section 165.05 of the penal law was left alone, allowing car theft to still be categorized as authorized use of a vehicle in the third degree which is a class A misdemeanor. A crime as serious as car theft should receive a proportionate punishment. The option of a class A Misdemeanor is inappropriate to the crime and does very little to prevent recidivism. This legislation
2009-S354 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 354 2009-2010 Regular Sessions I N S E N A T E (PREFILED) January 7, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to grand larceny and unau- thorized use of a vehicle and repealing subdivision 1 of section 165.05 of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 155.35 of the penal law, as amended by chapter 515 of the laws of 1986, is amended to read as follows: S 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thou- sand dollars OR WHEN HE COMMITS THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUBDIVISION EIGHT OF SECTION 155.30 OF THIS ARTICLE AND HAS BEEN PREVIOUSLY CONVICTED OF THE CRIME OF GRAND LARCENY IN THE FOURTH DEGREE AS DEFINED IN SUCH SUBDIVISION. Grand larceny in the third degree is a class D felony. S 2. Subdivision 1 of section 165.05 of the penal law is REPEALED. S 3. Section 165.06 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to read as follows: S 165.06 Unauthorized use of a vehicle in the second degree. A person is guilty of unauthorized use of a vehicle in the second degree when: He commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision [one] TWO of section 165.05 of this article and has been previously convicted of THIS SECTION OR the crime of unauthorized use of a vehicle in the third degree as defined in subdivision [one] TWO of section 165.05 [or second degree]OF THIS ARTI- CLE within the preceding ten years. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03483-01-9
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