Assembly Bill A10689

2023-2024 Legislative Session

Provides for enhanced penalties for larceny and criminal possession of stolen property against elderly persons

download bill text pdf

Sponsored By

Current 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

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2023-A10689 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§155.44 & 165.67, Pen L

2023-A10689 (ACTIVE) - Summary

Increases offense categories by one for certain larceny and criminal possession of stolen property offenses committed against elderly persons.

2023-A10689 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10689
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  enhanced  penalties  for
   larceny  and  criminal  possession  of stolen property against elderly
   persons
 
   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 155.44 to
 read as follows:
 § 155.44 ENHANCED PENALTIES FOR LARCENY AGAINST ELDERLY PERSONS.
   1. FOR ANY OFFENSE COMMITTED IN VIOLATION OF THIS  ARTICLE  AGAINST  A
 PERSON  SIXTY  YEARS  OF  AGE OR OLDER, WHERE SUCH PERSON IS AN INTENDED
 VICTIM OF THE OFFENSE, OTHER THAN SECTION 155.42 OR 155.43 OF THIS ARTI-
 CLE, AND:
   (A) WHERE SUCH OFFENSE IS A MISDEMEANOR, THE OFFENSE SHALL BE DEEMED A
 CLASS E FELONY; OR
   (B) WHERE SUCH OFFENSE IS A FELONY, THE OFFENSE SHALL BE DEEMED TO  BE
 ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE DEFENDANT COMMITTED.
   2.  THE  ENHANCED  PENALTY  PROVIDED  FOR  BY  SUBDIVISION ONE OF THIS
 SECTION SHALL ONLY APPLY WHERE:
   (A) THE OFFENDER KNEW THE AGE OF THE VICTIM PRIOR TO  OR  LEARNED  THE
 AGE OF THE VICTIM DURING THE COMMISSION OF THE ACT; AND
   (B)  THE  OFFENDER  HAS PREVIOUSLY BEEN CONVICTED OF A LARCENY OFFENSE
 OTHER THAN SECTION 155.42 OR 155.43 OF THIS ARTICLE INVOLVING  A  PERSON
 SIXTY YEARS OF AGE OR OLDER.
   §  2.  The penal law is amended by adding a new section 165.67 to read
 as follows:
 § 165.67 ENHANCED PENALTIES FOR CRIMINAL POSSESSION OF  STOLEN  PROPERTY
             AGAINST ELDERLY PERSONS.
   1.  FOR ANY OFFENSE COMMITTED IN VIOLATION OF SECTIONS 165.40, 165.45,
 165.50 AND 165.52 OF THIS ARTICLE AGAINST A PERSON SIXTY YEARS OF AGE OR
 OLDER, WHERE SUCH PERSON IS AN INTENDED VICTIM OF THE OFFENSE, AND:
   (A) WHERE SUCH OFFENSE IS A MISDEMEANOR, THE OFFENSE SHALL BE DEEMED A
 CLASS E FELONY; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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