S T A T E O F N E W Y O R K
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4022
2015-2016 Regular Sessions
I N S E N A T E
February 26, 2015
___________
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 464
of the laws of 2010, 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:
1. [when] the value of the property exceeds three thousand dollars[,];
or
2. the property is an automated teller machine or the contents of an
automated teller machine[.]; OR
3. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03318-01-5
S. 4022 2
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.
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.
