Bill Text: NY S03763 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor, when committed within the geographical area where the state of emergency is in effect.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S03763 Detail]

Download: New_York-2017-S03763-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3763
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 26, 2017
                                       ___________
        Introduced  by  Sen.  FUNKE  -- 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 penalty for
          larceny and criminal mischief during a declaration of a state of emer-
          gency by the governor, when committed  within  the  geographical  area
          where the state of emergency is in effect
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 155.30 of the penal law is amended by adding a  new
     2  subdivision 12 to read as follows:
     3    12.  He  or  she  commits  the  offense of petit larceny under section
     4  155.25 of this article during a declaration of a state of  emergency  by
     5  the  governor, within the geographical area where the state of emergency
     6  is in effect.
     7    § 2. Section 155.35 of the penal law is amended by adding a new subdi-
     8  vision 3 to read as follows:
     9    3. Commits the offense of grand larceny in  the  fourth  degree  under
    10  section  155.30 of this article during a declaration of a state of emer-
    11  gency by the governor, within the geographical area where the  state  of
    12  emergency is in effect.
    13    § 3. Section 155.40 of the penal law is amended by adding a new subdi-
    14  vision 3 to read as follows:
    15    3.  He or she commits the offense of grand larceny in the third degree
    16  under section 155.35 of this article during a declaration of a state  of
    17  emergency  by the governor, within the geographical area where the state
    18  of emergency is in effect.
    19    § 4. Section 155.42 of the penal law, as added by chapter 515  of  the
    20  laws of 1986, is amended to read as follows:
    21  § 155.42 Grand larceny in the first degree.
    22    A person is guilty of grand larceny in the first degree when he steals
    23  property and when:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07357-01-7
        S. 3763                             2
     1    1. [the] The value of the property exceeds one million dollars; or
     2    2. He or she commits the offense of grand larceny in the second degree
     3  under  section 155.40 of this article during a declaration of a state of
     4  emergency by the governor, within the geographical area where the  state
     5  of emergency is in effect.
     6    Grand larceny in the first degree is a class B felony.
     7    § 5. Section 145.05 of the penal law is amended by adding a new subdi-
     8  vision 3 to read as follows:
     9    3. commits the offense of criminal mischief in the fourth degree under
    10  section  145.00 of this article during a declaration of a state of emer-
    11  gency by the governor, within the geographical area where the  state  of
    12  emergency is in effect.
    13    § 6. Section 145.10 of the penal law, as amended by chapter 961 of the
    14  laws of 1971, is amended to read as follows:
    15  § 145.10 Criminal mischief in the second degree.
    16    A person is guilty of criminal mischief in the second degree when with
    17  intent  to  damage property of another person, and having no right to do
    18  so nor any reasonable ground to believe that he has such  right,  he  or
    19  she:
    20    1. damages property of another person in an amount exceeding one thou-
    21  sand five hundred dollars; or
    22    2.  commits the offense of criminal mischief in the third degree under
    23  section 145.05 of this article during a declaration of a state of  emer-
    24  gency  by  the governor, within the geographical area where the state of
    25  emergency is in effect.
    26    Criminal mischief in the second degree is a class D felony.
    27    § 7. Section 145.12 of the penal law, as added by chapter 961  of  the
    28  laws of 1971, is amended to read as follows:
    29  § 145.12 Criminal mischief in the first degree.
    30    A  person is guilty of criminal mischief in the first degree when with
    31  intent to damage property of another person, and having no right  to  do
    32  so  nor  any  reasonable ground to believe that he has such right, he or
    33  she:
    34    1. damages property of another person by means of an explosive; or
    35    2. commits the offense of criminal mischief in the second degree under
    36  section 145.10 of this article during a declaration of a state of  emer-
    37  gency  by  the governor, within the geographical area where the state of
    38  emergency is in effect.
    39    Criminal mischief in the first degree is a class B felony.
    40    § 8. This act shall take effect on the first of November next succeed-
    41  ing the date on which it shall have become a law.