NY State Senate Bill 2021-S6024

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 30, 2021	referred to codes

2021-S6024 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§155.23 & 155.21, amd §§155.25, 155.30, 155.35 & 155.40, rpld §155.43, Pen L

2021-S6024 (ACTIVE) - Summary

Increases the dollar thresholds for the categories of larceny; provides for automatic adjustment of dollar thresholds for larceny offenses; removes carve outs for certain types of property.

2021-S6024 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6024

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the penal law, in relation to increasing the dollar
thresholds for the categories of larceny; and to repeal certain
provisions of such law related thereto

 
PURPOSE:

To adjust upward the values for the different degrees of larceny.

 
SUMMARY OF PROVISIONS:

Section one adds a new section 155.23 to the Penal Law to define larceny
as stealing property and making it a class B misdemeanor.

§ 2 amends section 155.25 of the penal law to define petit larceny as
being over a value of one thousand dollars, and sets it as a class A
misdemeanor.

§ 3 amends section 155.30 of the penal law, setting the threshold for
fourth degree grand larceny at five thousand dollars or certain speci-
fied stolen items. Those specified stolen items that qualify for fourth
degree of grand larceny are official documents and records, items taken
from another person, items taken by extortion, firearms, religious items
worth over one hundred dollars, and items intended to be used to make
methamphetamine. Other item categories that currently qualify as fourth
degree grand larceny are removed from the law.

Those items that are no longer to be considered are secret scientific
material, credit or debit cards, a motor vehicle worth over one hundred
dollars, and devices for the theft of telephone service.

§ 4 amends section 155.35 of the penal law, setting the threshold for
grand larceny in the third degree to be fifteen thousand dollars.

§ 5 amends subdivision 1 of section 155.40 of the penal law, setting the
threshold for grand larceny in the second degree to be one hundred and
fifty thousand dollars.

§ 6 adds a new section 155.21 to the penal law for the automatic index-
ing of dollar thresholds for larceny every five years, at fifty dollar
increments.

§ 7 repeals section 155.43 of the penal law, relating to aggravated
theft of an ATM machine.

§ 8 sets an immediate effective date.

 
EXISTING LAW:

Current law sets the dollar value of fourth degree larceny at $1,000,
for third degree at $3,000, and for the second degree at $50,000.

 
JUSTIFICATION:


The penal law bases the penalties for theft upon the value of a stolen
item. These values were set decades ago, so now a person could receive a
felony sentence for the theft of a common everyday item.  Because New
York has been remiss in updating its definitions for felony theft, being
convicted of stealing an iPhone or a bicycle would be sufficient to get
a felony sentence. Such a penalty is out of proportion with the severity
of the crime and needs to be adjusted. Experience in other jurisdictions
indicates that such an adjustment does not carry any risk to public
safety. Dozens of states have raised their theft thresholds in recent
years without interrupting the long-term, downward trends in property
crime or larceny rates.

In addition the legislation removes specific categories of theft that
create harsher penalties for the theft of archaic or obscure items, such
as "secret scientific material" or a credit card, or "a device for the
theft of telephone service." However, specific items whose theft or the
manner of theft carry serious societal dangers are considered as justi-
fying a felony charge. Those items are firearms, items taken from a
person (i.e., in a robbery), or via extortion, religious items, public
records, and items intended to manufacture methamphetamine all qualify
for grand larceny in the fourth degree, a felony.

This legislation also allows for the periodic adjustment of value thres-
holds for theft penalties, in an effort to avoid such disproportionate
sentences in the future.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S6024 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6024
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 30, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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  increasing  the  dollar
   thresholds  for  the  categories  of  larceny;  and  to repeal certain
   provisions of such law related thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The penal law is amended by adding a new section 155.23 to
 read as follows:
 § 155.23 LARCENY.
   A PERSON IS GUILTY OF LARCENY WHEN HE STEALS PROPERTY.
   LARCENY IS A CLASS B MISDEMEANOR.
   § 2. Section 155.25 of the penal law is amended to read as follows:
 § 155.25 Petit larceny.
   A person is guilty of petit larceny when he steals property  WHEN  THE
 VALUE OF THE PROPERTY EXCEEDS ONE THOUSAND DOLLARS.
   Petit larceny is a class A misdemeanor.
   § 3. Section 155.30 of the penal law, as amended by chapter 515 of the
 laws  of  1986,  subdivision  4 as amended by chapter 556 of the laws of
 1987, subdivision 8 as amended by chapter  450  of  the  laws  of  1990,
 subdivision 9 as amended by chapter 479 of the laws of 2010, subdivision
 10  as added by chapter 491 of the laws of 1992, subdivision 11 as added
 by chapter 394 of the laws of 2005, is amended to read as follows:
 § 155.30 Grand Larceny in the fourth degree.
   A person is guilty of grand larceny  in  the  fourth  degree  when  he
 steals property and when:
   1. The value of the property exceeds [one] FIVE thousand dollars; or
   2.  The  property  consists  of a public record, writing or instrument
 kept, filed or deposited according to law with or in the keeping of  any
 public office or public servant; or
   3. [The property consists of secret scientific material; or
   4. The property consists of a credit card or debit card; or
   5.]  The  property,  regardless of its nature and value, is taken from
 the person of another; or

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08075-05-1

 S. 6024                             2
 
   [6.] 4. The property, regardless of its nature and value, is  obtained
 by extortion[; or
   [7.] 5. The property consists of one or more firearms, rifles or shot-
 guns, as such terms are defined in section 265.00 of this chapter; or
   [8.  The  value  of  the  property exceeds one hundred dollars and the
 property consists of a motor vehicle, as defined in section one  hundred
 twenty-five  of the vehicle and traffic law, other than a motorcycle, as
 defined in section one hundred twenty-three of such law; or
   9.] 6. The property  consists  of  a  scroll,  religious  vestment,  a
 vessel,  an item comprising a display of religious symbols which forms a
 representative expression of faith, or other miscellaneous item of prop-
 erty which:
   (a) has a value of at least one hundred dollars; and
   (b) is kept for or used in connection with religious  worship  in  any
 building,  structure or upon the curtilage of such building or structure
 used as a place of religious worship  by  a  religious  corporation,  as
 incorporated under the religious corporations law or the education law.
   [10.  The  property  consists  of  an  access  device which the person
 intends to use unlawfully to obtain telephone service.
   11.] 7. The property consists of anhydrous ammonia or liquified  ammo-
 nia gas and the actor intends to use, or knows another person intends to
 use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
 methamphetamine.
   Grand larceny in the fourth degree is a class E felony.
   § 4. 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:
   1.] when the value of the property exceeds  [three]  FIFTEEN  thousand
 dollars[, or
   2.  the  property is an automated teller machine or the contents of an
 automated teller machine].
   Grand larceny in the third degree is a class D felony.
   § 5. Subdivision 1 of section 155.40 of the penal  law,  as  added  by
 chapter 515 of the laws of 1986, is amended to read as follows:
   1.  The  value  of  the  property  exceeds  ONE HUNDRED fifty thousand
 dollars; or
   § 6. The penal law is amended by adding a new section 155.21  to  read
 as follows:
 § 155.21 LARCENY; AUTOMATIC INDEXING OF DOLLAR THRESHOLDS.
   FOR THE PURPOSES OF ANY DOLLAR AMOUNT THRESHOLD FOR AN OFFENSE DEFINED
 BY  ANY  OF  THE  FOLLOWING PROVISIONS OF THIS TITLE, SUCH DOLLAR AMOUNT
 SHALL BE ADJUSTED ON THE FIRST OF JANUARY EVERY  FIFTH  YEAR  SUCCEEDING
 THE  EFFECTIVE  DATE OF THIS SECTION PURSUANT TO CHANGES IN THE CONSUMER
 PRICE INDEX FOR ALL URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED
 STATES DEPARTMENT OF LABOR BUREAU OF LABOR  STATISTICS:  SECTION  155.25
 (PETIT  LARCENY);  SECTION  155.30 (GRAND LARCENY IN THE FOURTH DEGREE);
 SECTION 155.35 (GRAND LARCENY  IN  THE  THIRD  DEGREE);  SECTION  155.40
 (GRAND  LARCENY  IN THE SECOND DEGREE); SECTION 155.42 (GRAND LARCENY IN
 THE FIRST DEGREE).  ADJUSTMENTS MADE PURSUANT TO THIS SECTION  SHALL  BE
 TO THE NEAREST HIGHER INCREMENT OF FIFTY DOLLARS.
   § 7. Section 155.43 of the penal law is REPEALED.
   § 8. This act shall take effect immediately.

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Senate Bill S6024

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S6024 (ACTIVE) - Details

2021-S6024 (ACTIVE) - Summary

2021-S6024 (ACTIVE) - Sponsor Memo

2021-S6024 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6024

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Sponsored By

Brian Benjamin

Archive: Last Bill Status - In Senate Committee Codes Committee

2021-S6024 (ACTIVE) - Details

2021-S6024 (ACTIVE) - Summary

2021-S6024 (ACTIVE) - Sponsor Memo

2021-S6024 (ACTIVE) - Bill Text download pdf

Comments