S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6655

                            I N  S E N A T E

                            January 22, 2010
                               ___________

Introduced  by  Sen.  SKELOS -- 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 the theft of a motor vehi-
  cle while a child is present therein

  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 OR SHE
steals property and when [the]:
  1. THE value of the property exceeds three thousand dollars[.]; OR
  2. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND  TRAFFIC  LAW,  AND,  DURING  THE
COMMISSION  OF  SUCH  OFFENSE, A CHILD UNDER THE AGE OF SIXTEEN YEARS IS
PRESENT IN OR ON SUCH MOTOR VEHICLE.
  Grand larceny in the third degree is a class D felony.
  S 2. Section 155.42 of the penal law, as added by chapter 515  of  the
laws of 1986, is amended to read as follows:
S 155.42 Grand larceny in the first degree.
  A person is guilty of grand larceny in the first degree when he OR SHE
steals property and when [the]:
  1. THE value of the property exceeds one million dollars[.]; OR
  2. THE PROPERTY, REGARDLESS OF ITS VALUE, CONSISTS OF A MOTOR VEHICLE,
AS DEFINED IN SECTION ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC
LAW,  IS  OBTAINED  BY EXTORTION COMMITTED BY INSTILLING IN THE VICTIM A
FEAR THAT THE ACTOR OR ANOTHER PERSON WILL CAUSE PHYSICAL INJURY TO SOME
PERSON, IN THE FUTURE, AND A CHILD UNDER THE AGE  OF  SIXTEEN  YEARS  IS
PRESENT  IN  OR  ON  SUCH  MOTOR  VEHICLE  DURING THE COMMISSION OF SUCH
OFFENSE.
  Grand larceny in the first degree is a class B felony.
  S 3. Section 160.15 of the penal law, as amended by chapter 374 of the
laws of 1973, is amended to read as follows:
S 160.15 Robbery in the first degree.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15335-01-0

S. 6655                             2

  A person is guilty of robbery in the  first  degree  when  he  OR  SHE
forcibly steals property and when[, in]:
  1. IN the course of the commission of the crime or of immediate flight
therefrom, he, SHE or another participant in the crime:
  [1.]  (A)  Causes  serious  physical injury to any person who is not a
participant in the crime; or
  [2.] (B) Is armed with a deadly weapon; or
  [3.] (C) Uses or threatens the immediate use of  a  dangerous  instru-
ment; or
  [4.]  (D) Displays what appears to be a pistol, revolver, rifle, shot-
gun, machine gun or other firearm; except that in any prosecution  under
this  [subdivision]  PARAGRAPH,  it  is an affirmative defense that such
pistol, revolver, rifle, shotgun, machine gun or other firearm was not a
loaded weapon from which a shot, readily capable of producing  death  or
other serious physical injury, could be discharged. Nothing contained in
this [subdivision] PARAGRAPH shall constitute a defense to a prosecution
for,  or preclude a conviction of, robbery in the second degree, robbery
in the third degree or any other crime[.]; OR
  2. THE PROPERTY CONSISTS OF A MOTOR VEHICLE, AS DEFINED IN SECTION ONE
HUNDRED TWENTY-FIVE OF THE VEHICLE AND  TRAFFIC  LAW,  AND,  DURING  THE
COMMISSION  OF  SUCH  OFFENSE, A CHILD UNDER THE AGE OF SIXTEEN YEARS IS
PRESENT IN OR ON SUCH MOTOR VEHICLE.
  Robbery in the first degree is a class B felony.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.