Bill Text: NY S03763 | 2017-2018 | General Assembly | Introduced
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
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. LBD07357-01-7S. 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.
