Assembly Bill A8777A

2013-2014 Legislative Session

Relates to larceny

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2013-A8777 - Details

See Senate Version of this Bill:
S7177
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.10, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4447, S395
2017-2018: A3215, S5900
2019-2020: A1857, S1070
2021-2022: S1710

2013-A8777 - Summary

Relates to the definition of mentally disabled and the crime of larceny.

2013-A8777 - Bill Text download pdf 

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

                                  8777

                          I N  A S S E M B L Y

                            February 12, 2014
                               ___________

Introduced  by M. of A. SCHIMMINGER, ENGLEBRIGHT, GUNTHER, JAFFEE, OTIS,
  ROSA, SIMOTAS, CLARK, COOK -- Multi-Sponsored by -- M. of  A.  JACOBS,
  MAGEE,  MARKEY,  PEOPLES-STOKES,  PERRY,  SKARTADOS,  STECK,  SWEENEY,
  THIELE -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to larceny

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

  Section  1.  Section  155.10  of  the  penal law is amended to read as
follows:
S 155.10 Larceny; no defense.
  1. The crimes of (a) larceny committed by means of  extortion  and  an
attempt  to commit the same, and (b) bribe receiving by a labor official
as defined in section 180.20, and bribe receiving as defined in  section
200.05,  are  not  mutually  exclusive, and it is no defense to a prose-
cution for larceny committed by means of extortion or for an attempt  to
commit  the same that, by reason of the same conduct, the defendant also
committed one of such specified crimes of bribe receiving.
  2. IT IS NO DEFENSE TO A PROSECUTION FOR LARCENY  THAT  THE  DEFENDANT
OBTAINED  CONSENT  TO  TAKE,  WITHHOLD,  OR  OBTAIN PROPERTY, WHERE SUCH
CONSENT WAS OBTAINED FROM A PERSON WHO THE DEFENDANT KNEW OR HAD  REASON
TO KNOW WAS MENTALLY DISABLED.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13769-01-4

co-Sponsors

multi-Sponsors

2013-A8777A (ACTIVE) - Details

See Senate Version of this Bill:
S7177
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.00 & 155.10, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A4447, S395
2017-2018: A3215, S5900
2019-2020: A1857, S1070
2021-2022: S1710

2013-A8777A (ACTIVE) - Summary

Relates to the definition of mentally disabled and the crime of larceny.

2013-A8777A (ACTIVE) - Bill Text download pdf 

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

                                 8777--A

                          I N  A S S E M B L Y

                            February 12, 2014
                               ___________

Introduced  by M. of A. SCHIMMINGER, ENGLEBRIGHT, GUNTHER, JAFFEE, OTIS,
  ROSA, SIMOTAS, CLARK, COOK, BRONSON -- Multi-Sponsored by -- M. of  A.
  JACOBS,  MAGEE, MARKEY, PEOPLES-STOKES, PERRY, SKARTADOS, STECK, SWEE-
  NEY, THIELE -- read once and referred to the  Committee  on  Codes  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the penal law, in relation to the definition of mentally
  disabled and in relation to larceny

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

  Section  1. Section 155.00 of the penal law is amended by adding a new
subdivision 10 to read as follows:
  10. "MENTALLY DISABLED" MEANS THAT A  PERSON  SUFFERS  FROM  A  MENTAL
DISEASE,  DEFECT  OR  CONDITION  WHICH  RENDERS  HIM OR HER INCAPABLE OF
APPRAISING THE NATURE OF THE CONDUCT CONSTITUTING THE TAKING,  OBTAINING
OR WITHHOLDING OF HIS OR HER PROPERTY.
  S 2. Section 155.10 of the penal law is amended to read as follows:
S 155.10 Larceny; no defense.
  1.  The  crimes  of (a) larceny committed by means of extortion and an
attempt to commit the same, and (b) bribe receiving by a labor  official
as  defined in section 180.20, and bribe receiving as defined in section
200.05, are not mutually exclusive, and it is no  defense  to  a  prose-
cution  for larceny committed by means of extortion or for an attempt to
commit the same that, by reason of the same conduct, the defendant  also
committed one of such specified crimes of bribe receiving.
  2.  IT  IS  NO DEFENSE TO A PROSECUTION FOR LARCENY THAT THE DEFENDANT
OBTAINED CONSENT TO TAKE,  WITHHOLD,  OR  OBTAIN  PROPERTY,  WHERE  SUCH
CONSENT WAS OBTAINED FROM A PERSON WHOM THE DEFENDANT KNEW OR HAD REASON
TO KNOW WAS MENTALLY DISABLED.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13769-02-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.