Bill Text: NY S04448 | 2023-2024 | General Assembly | Introduced


Bill Title: Provides that a prior conviction within the past two years for petit larceny shall raise a subsequent offense to grand larceny in the fourth degree.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04448 Detail]

Download: New_York-2023-S04448-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4448

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 8, 2023
                                       ___________

        Introduced  by  Sen.  THOMAS -- 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  grand  larceny  in  the
          fourth degree

          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, as amended by chapter  515
     2  of the laws of 1986, subdivision 4 as amended by chapter 556 of the laws
     3  of  1987,  subdivision  8 as amended by chapter 450 of the laws of 1990,
     4  subdivision 9 as amended by chapter 479 of the laws of 2010, subdivision
     5  10 as added by chapter 491 of the laws of 1992, and  subdivision  11  as
     6  added by chapter 394 of the laws of 2005, is amended to read as follows:
     7  § 155.30 Grand Larceny in the fourth degree.
     8    A  person  is  guilty  of  grand  larceny in the fourth degree when he
     9  steals property and when:
    10    1. The value of the property exceeds one thousand dollars; or
    11    2. The property consists of a public  record,  writing  or  instrument
    12  kept,  filed or deposited according to law with or in the keeping of any
    13  public office or public servant; or
    14    3. The property consists of secret scientific material; or
    15    4. The property consists of a credit card or debit card; or
    16    5. The property, regardless of its nature and value, is taken from the
    17  person of another; or
    18    6. The property, regardless of its nature and value,  is  obtained  by
    19  extortion; or
    20    7.  The property consists of one or more firearms, rifles or shotguns,
    21  as such terms are defined in section 265.00 of this chapter; or
    22    8. The value of the property exceeds one hundred dollars and the prop-
    23  erty consists of a motor vehicle, as  defined  in  section  one  hundred
    24  twenty-five  of the vehicle and traffic law, other than a motorcycle, as
    25  defined in section one hundred twenty-three of such law; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07862-02-3

        S. 4448                             2

     1    9. The property consists of a scroll, religious vestment, a vessel, an
     2  item comprising a display of religious symbols which forms  a  represen-
     3  tative  expression  of  faith,  or  other miscellaneous item of property
     4  which:
     5    (a) has a value of at least one hundred dollars; and
     6    (b)  is  kept  for or used in connection with religious worship in any
     7  building, structure or upon the curtilage of such building or  structure
     8  used  as  a  place  of  religious worship by a religious corporation, as
     9  incorporated under the  religious  corporations  law  or  the  education
    10  law[.]; or
    11    10. The property consists of an access device which the person intends
    12  to use unlawfully to obtain telephone service[.]; or
    13    11.  The  property  consists of anhydrous ammonia or liquified ammonia
    14  gas and the actor intends to use, or knows  another  person  intends  to
    15  use,  such  anhydrous  ammonia  or  liquified ammonia gas to manufacture
    16  methamphetamine[.]; or
    17    12. The person has been previously convicted within the last two years
    18  of petit larceny under section 155.25 of this article.
    19    Grand larceny in the fourth degree is a class E felony.
    20    § 2. This act shall take effect immediately.
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