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- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the comprehensive auto theft prevention act
In Assembly Committee · Codes · Sponsor Rory Lancman
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the penal law, the criminal procedure law, the correction law, the state finance law, the vehicle and traffic law, the judiciary law, the civil practice law and rules, the executive law, the environmental conservation law and the public authorities law, in relation to enacting the comprehensive auto theft prevention act
Purpose or general idea of bill
This legislation will correct the deficiencies in the criminal justice system which have allowed auto theft to proliferate uncontrollably in New York State. This bill seeks to limit plea bargains, alternative sentences, and temporary release programs in auto theft cases; establish a system of criminal forfeiture of "chop shops" to fund auto theft detection, prevention, and prosecution; expand prison capacity; better regulate the disposal of motor vehicles; and implement more effective law enforcement tools to prevent and detect auto theft.
Summary of specific provisions
*Establishes a new criminal justice priority for the investigation, prosecution, and incarceration of those responsible for motor vehicle theft and related crimes.
Read the full memo (743 words)
*Requires a mandatory prison sentence for third time motor vehicle theft offenders.
*Mandatory jail terms of one year will be required for guilty pleas entered as a result of plea bargains.
* Alternative sentences will only be permitted when the court finds, on the record, how the overall public interest is served by a sentence other than incarceration.
*Temporary release will be permitted for inmates convicted of auto theft only when one half of the minimum term of imprisonment is completed.
*Creates a system of criminal forfeiture of" chop shops." *New funding will be provided for auto theft prevention programs, prosecutors, and judges out of the proceeds of criminal forfeiture cases.
*Vehicle dismantlers will be better regulated through a constitutionally acceptable alternative to S415-a of the vehicle and traffic law which was struck down in PEOPLE V. KETA by the Court of Appeals.
*New environmental regulations will be established to ensure that poten- tially hazardous wastes contained in motor vehicles are properly disposed of.
*The Department of Correctional Services will be authorized to acquire state psychiatric hospitals, scheduled for closing under the Community Reinvestment Act, for use as prisons.
*Regular reports will be required on the availability of local jail cells and options for expanding capacity.
*Checkpoints in high auto theft locations will be authorized so that police officers can conduct routine checks of vehicle registrations. *Tow trucks which are transporting vehicles will be required to produce proof that the vehicles are legally in their possession.
*Peace officers from the Triborough Bridge and Tunnel Authority would be utilized for the detection of stolen cars transported through TBTA facilities.
Justification
There is a great disparity in the number of cars that are stolen and the number of inmates serving time in New York prisons for all grand larceny crimes. Statistics were not available for how many of these crimes were auto theft.
Professional car thieves are well aware of the fact that they will not be sent to prison. Automobile theft has become a lucrative, risk-free business, almost a crime without punishment. Under provisions of the Penal Law, Grand Larceny/Auto is a class D felony whenever the value of the property exceeds $3,000. All too frequently, auto theft is downgraded within the criminal justice system in order to clear the court calendars. This means that the case does not go to a grand jury and the victim's testimony may not even be required- Instead, the defense attorney, prosecutor, and court construct a scenario under which the crime is reduced to a misdemeanor and the case is assigned to a lower criminal court. At arraignment, bail maybe set at such a small amount that the accused can be set free almost immediately. Plea bargaining often results in an admission of guilt to a lesser offense, and the judge orders the accused to be placed on probation. Imprisonment is limited to "time served" - the number of days the accused is behind bars between the arrest and sentencing. This is hardly a deterrent to a career criminal.
Prior legislative history
This bill was previously introduced.
Fiscal implications
Disbursement of funds that were made available by Chapter 55 of the Laws of 1992 (New York's version of the Michigan Plan) as well as the assets forfeiture funding provisions made available under this bill.
Effective date
November 1st next succeeding the date on which it shall have become a
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.