Senate Bill S6397

2011-2012 Legislative Session

Relates to the offense of unauthorized use of a vehicle in third degree

download bill text pdf

Sponsored By

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

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2011-S6397 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง165.05, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S1508
2015-2016: S422
2017-2018: S1259

2011-S6397 (ACTIVE) - Summary

Relates to the offense of unauthorized use of a vehicle in third degree.

2011-S6397 (ACTIVE) - Sponsor Memo

2011-S6397 (ACTIVE) - Bill Text download pdf 

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

                                  6397

                            I N  S E N A T E

                            February 3, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 offense  of  unauthor-
  ized use of a vehicle in third degree

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 165.05 of the penal law, as amended by chapter  413
of the laws of 1982, is amended to read as follows:
S 165.05 Unauthorized use of a vehicle in the third degree.
  A  person  is  guilty  of  unauthorized  use of a vehicle in the third
degree when:
  1. Knowing that he OR SHE does not have the consent of the  owner,  he
OR  SHE  takes,  ENTERS OR REMAINS IN, operates, exercises control over,
rides in or otherwise uses a vehicle. A person who engages in  any  such
conduct  without the consent of the owner is presumed to know that he OR
SHE does not have such consent; or
  2. Having custody of  a  vehicle  pursuant  to  an  agreement  between
himself OR HERSELF or another and the owner thereof whereby he OR SHE or
another  is to perform for compensation a specific service for the owner
involving the maintenance, repair or use of  such  vehicle,  he  OR  SHE
intentionally  uses  or  operates  the  same, without the consent of the
owner, for his OR HER own purposes in  a  manner  constituting  a  gross
deviation from the agreed purpose; or
  3. Having custody of a vehicle pursuant to an agreement with the owner
thereof  whereby such vehicle is to be returned to the owner at a speci-
fied time, he OR SHE intentionally retains or withholds possession ther-
eof, without the consent of the owner, for so lengthy  a  period  beyond
the  specified  time  as  to render such retention or possession a gross
deviation from the agreement.
  For purposes of this section "a gross deviation  from  the  agreement"
shall  consist of, but not be limited to, circumstances wherein a person
who having had custody of a vehicle for a period of fifteen days or less
pursuant to a written agreement retains possession of such  vehicle  for
at  least  seven  days  beyond the period specified in the agreement and

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

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