S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3950
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M. of A. LAVINE, STIRPE -- read once and referred 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:
 § 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.
   §  2.  Section 155.42 of the penal law, as added by chapter 515 of the
 laws of 1986, is amended to read as follows:
 § 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.
              

                                                            LBD01741-01-7

 A. 3950                             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.
   § 3. Section 160.15 of the penal law, as amended by chapter 374 of the
 laws of 1973, is amended to read as follows:
 § 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.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.