Bill Text: NY A03950 | 2017-2018 | General Assembly | Introduced

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Bill Title: Increases penalties for theft of a motor vehicle when a child under 16 is in or on such vehicle.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A03950 Detail]

Download: New_York-2017-A03950-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3950
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1. Section 155.35 of the penal law, as amended by chapter 464
     2  of the laws of 2010, is amended to read as follows:
     3  § 155.35 Grand larceny in the third degree.
     4    A person is guilty of grand larceny in the third degree when he or she
     5  steals property and when:
     6    1. [when] the value of the property exceeds three thousand dollars[,];
     7  or
     8    2. the property is an automated teller machine or the contents  of  an
     9  automated teller machine[.]; or
    10    3. the property consists of a motor vehicle, as defined in section one
    11  hundred  twenty-five  of  the  vehicle  and traffic law, and, during the
    12  commission of such offense, a child under the age of  sixteen  years  is
    13  present in or on such motor vehicle.
    14    Grand larceny in the third degree is a class D felony.
    15    §  2.  Section 155.42 of the penal law, as added by chapter 515 of the
    16  laws of 1986, is amended to read as follows:
    17  § 155.42 Grand larceny in the first degree.
    18    A person is guilty of grand larceny in the first degree when he or she
    19  steals property and when [the]:
    20    1. the value of the property exceeds one million dollars[.]; or
    21    2. the property, regardless of its value, consists of a motor vehicle,
    22  as defined in section one hundred twenty-five of the vehicle and traffic
    23  law, is obtained by extortion committed by instilling in  the  victim  a
    24  fear that the actor or another person will cause physical injury to some
    25  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
     1  present in or on such  motor  vehicle  during  the  commission  of  such
     2  offense.
     3    Grand larceny in the first degree is a class B felony.
     4    § 3. Section 160.15 of the penal law, as amended by chapter 374 of the
     5  laws of 1973, is amended to read as follows:
     6  § 160.15 Robbery in the first degree.
     7    A  person  is  guilty  of  robbery  in the first degree when he or she
     8  forcibly steals property and when[, in]:
     9    1. In the course of the commission of the crime or of immediate flight
    10  therefrom, he, she or another participant in the crime:
    11    [1.] (a) Causes serious physical injury to any person  who  is  not  a
    12  participant in the crime; or
    13    [2.] (b) Is armed with a deadly weapon; or
    14    [3.]  (c)  Uses  or threatens the immediate use of a dangerous instru-
    15  ment; or
    16    [4.] (d) Displays what appears to be a pistol, revolver, rifle,  shot-
    17  gun,  machine gun or other firearm; except that in any prosecution under
    18  this [subdivision] paragraph, it is an  affirmative  defense  that  such
    19  pistol, revolver, rifle, shotgun, machine gun or other firearm was not a
    20  loaded  weapon  from which a shot, readily capable of producing death or
    21  other serious physical injury, could be discharged. Nothing contained in
    22  this [subdivision] paragraph shall constitute a defense to a prosecution
    23  for, or preclude a conviction of, robbery in the second degree,  robbery
    24  in the third degree or any other crime[.]; or
    25    2. The property consists of a motor vehicle, as defined in section one
    26  hundred  twenty-five  of  the  vehicle  and traffic law, and, during the
    27  commission of such offense, a child under the age of  sixteen  years  is
    28  present in or on such motor vehicle.
    29    Robbery in the first degree is a class B felony.
    30    § 4. This act shall take effect on the first of November next succeed-
    31  ing the date on which it shall have become a law.