S T A T E O F N E W Y O R K
________________________________________________________________________
6569--B
2023-2024 Regular Sessions
I N S E N A T E
April 27, 2023
___________
Introduced by Sens. MYRIE, BAILEY, GOUNARDES, KAVANAGH -- (at request of
the Attorney General) -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Codes in accord-
ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, the penal law and the execu-
tive law, in relation to deed theft
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 30.10 of the criminal procedure
law is amended by adding a new paragraph (h) to read as follows:
(H) A PROSECUTION FOR ANY FELONY RELATED TO A DEED THEFT OR WHERE
THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY
MUST BE COMMENCED WITHIN FIVE YEARS AFTER THE COMMISSION OF THE CRIME,
OR WITHIN TWO YEARS AFTER THE FACTS CONSTITUTING SUCH OFFENSE ARE
DISCOVERED BY THE AGGRIEVED PARTY, WHICHEVER OCCURS LATER.
§ 2. Section 155.00 of the penal law is amended by adding six new
subdivisions 11, 12, 13, 14, 15 and 16 to read as follows:
11. "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00
OF THIS PART.
12. "COMMERCIAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL MEAN A
NONRESIDENTIAL PROPERTY USED FOR THE BUYING, SELLING OR OTHERWISE
PROVIDING OF GOODS OR SERVICES INCLUDING HOTEL SERVICES, OR FOR OTHER
LAWFUL BUSINESS, COMMERCIAL OR MANUFACTURING ACTIVITIES.
13. "MIXED-USE PROPERTY" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE
REAL PROPERTY TAX LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07601-13-4
S. 6569--B 2
14. "INCOMPETENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
15. "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL
DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP-
ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH
PERSON IS UNABLE TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSE-
QUENCES OF NOT BEING ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL
NEEDS.
16. "ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
§ 3. Subparagraph (ix) of paragraph (e) and paragraph (f) of subdivi-
sion 2 of section 155.05 of the penal law, paragraph (f) as added by
chapter 353 of the laws of 2023, are amended and a new paragraph (g) is
added to read as follows:
(ix) Perform any other act which would not in itself materially bene-
fit the actor but which is calculated to harm another person materially
with respect to his OR HER health, safety, business, calling, career,
financial condition, reputation or personal relationships[.]; OR
(f) By wage theft.
A person obtains property by wage theft when he or she hires a person
to perform services and the person performs such services and the person
does not pay wages, at the minimum wage rate and overtime, or promised
wage, if greater than the minimum wage rate and overtime, to said person
for work performed. In a prosecution for wage theft, for the purposes of
venue, it is permissible to aggregate all nonpayments or underpayments
to one person from one person, into one larceny count, even if the
nonpayments or underpayments occurred in multiple counties. It is also
permissible to aggregate nonpayments or underpayments from a workforce
into one larceny count even if such nonpayments or underpayments
occurred in multiple counties[.]; OR
(G) BY DEED THEFT.
A PERSON COMMITS DEED THEFT WHEN HE OR SHE:
(I) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS A PROP-
ERTY DOCUMENT SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH
THE INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE
OWNERSHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
(II) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR
AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO
INDUCE OTHERS TO RELY ON SUCH FALSE INFORMATION IN ORDER TO OBTAIN
OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
(III) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS
TITLE OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY
OTHER FRAUDULENT OR DECEPTIVE PRACTICE.
§ 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 thousand dollars, or
2. the property is an automated teller machine or the contents of an
automated teller machine[.], OR
3. WHEN SUCH PERSON COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPER-
TY, REGARDLESS OF THE VALUE.
Grand larceny in the third degree is a class D felony.
§ 5. Section 155.40 of the penal law, as amended by chapter 515 of the
laws of 1986, is amended to read as follows:
S. 6569--B 3
§ 155.40 Grand larceny in the second degree.
A person is guilty of grand larceny in the second degree when he OR
SHE steals property and when:
1. The value of the property exceeds fifty thousand dollars; or
2. The property, regardless of its nature and value, is obtained by
extortion committed by instilling in the victim a fear that the actor or
another person will (a) cause physical injury to some person in the
future, or (b) cause damage to property, or (c) use or abuse his OR HER
position as a public servant by engaging in conduct within or related to
his OR HER official duties, or by failing or refusing to perform an
official duty, in such manner as to affect some person adversely[.]; OR
3. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF: (A)
ONE RESIDENTIAL REAL PROPERTY; OR (B) ONE COMMERCIAL MIXED-USE PROPERTY
WITH AT LEAST ONE RESIDENTIAL UNIT; OR (C) TWO OR MORE COMMERCIAL PROP-
ERTIES.
Grand larceny in the second degree is a class C felony.
§ 6. 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:
1. he OR SHE steals property and when the value of the property
exceeds one million dollars[.]; OR
2. SUCH PERSON COMMITS DEED THEFT, REGARDLESS OF THE VALUE, OF (A)
RESIDENTIAL REAL PROPERTY THAT IS OCCUPIED AS A HOME BY AT LEAST ONE
PERSON; OR (B) RESIDENTIAL REAL PROPERTY THAT INVOLVES A HOME THAT IS
OWNED BY AN ELDERLY PERSON, AN INCOMPETENT, AN INCAPACITATED PERSON, OR
PHYSICALLY DISABLED PERSON; OR (C) THREE OR MORE RESIDENTIAL REAL PROP-
ERTIES.
Grand larceny in the first degree is a class B felony.
§ 7. Subdivision 3 of section 187.00 of the penal law, as amended by
chapter 507 of the laws of 2009, is amended to read as follows:
3. "Residential real property" means real property THAT IS USED OR
OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE
HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
IS improved by a one-to-four family dwelling, or a residential unit in a
building including units owned as condominiums or on a cooperative
basis, used or occupied, or intended to be used or occupied, wholly or
partly, as the home or residence of one or more persons, but shall not
refer to unimproved real property upon which such dwellings are to be
constructed.
§ 8. Section 63 of the executive law is amended by adding a new subdi-
vision 17 to read as follows:
17. THE ATTORNEY GENERAL MAY INVESTIGATE AND PROSECUTE EVERY PERSON OR
ENTITY CHARGED WITH THE COMMISSION OF A CRIMINAL OFFENSE IN VIOLATION OF
THE LAWS OF THIS STATE APPLICABLE TO ANY CRIME THAT AFFECTS THE TITLE
TO, ENCUMBRANCE OF, OR THE POSSESSION OF REAL PROPERTY, INCLUDING BUT
NOT LIMITED TO DEED THEFT, LARCENY, CRIMINAL POSSESSION OF STOLEN PROP-
ERTY, OFFERING A FALSE INSTRUMENT FOR FILING, FALSIFYING BUSINESS
RECORDS, RESIDENTIAL MORTGAGE FRAUD, OR SCHEME TO DEFRAUD. IN ALL SUCH
PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY HIS OR HER
DEPUTY BEFORE ANY COURT OF RECORD OR ANY GRAND JURY AND EXERCISE ALL THE
POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF SUCH ACTIONS OR
PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD OTHERWISE BE AUTHORIZED OR
REQUIRED TO EXERCISE OR PERFORM.
§ 9. This act shall take effect on the thirtieth day after it shall
have become a law.
