Imposes mandatory minimum sentence of six months imprisonment upon persons convicted of theft offenses involving motor vehicles

2 Co-sponsors

• William J. Larkin Jr.
• Dale M. Volker

Title of bill

An act to amend the penal law, in relation to imposing mandatory minimum sentences of imprisonment upon persons convicted of theft offenses involving motor vehicles

Summary of provisions

Amends the Penal Law by adding a new section 60.36 imposing mandatory minimum sentence of 6 months imprisonment upon persons convicted of theft offenses involving motor vehicles.

Justification

Police statistics show that barely one percent of state prison inmates are doing time for.car theft, even though new laws double the maximum sentence for buying or selling a stolen vehicle. Senator Padavan's study of auto theft, "The Perfect Crime," former New York City police commissioner Lee Brown was quoted as saying "We're making the arrests, but as a rule, auto thieves don't do prison time." The Daily News recently quoted a car thief who bragged that he had been arrested 38 times but spent nominal time behind bars. Senator Padavan's 1999 follow-up report "The Perfect Crime - Another Look at Auto Theft" found dramatic declines in the number of vehicles reported stolen; however, New York City still experienced almost 10 times as many thefts (51,912) in 1997, as the second highest jurisdiction. Further, the clearance rate for these type of cases has hovered around 7% in New York City, throughout the decade even though the total number of reported cases has declined. The State Division of Criminal Justice Service has found that jurisdictions which are able to improve their clearance rates may achieve reductions in the rate of motor vehicle theft." This further deterrent should assist in reducing this crime even more.

Legislative history

S.2943/A.5354 of 2007-08; S.2389/A.4632 of 2005-06; S.2032/A.4419 of 2003-04, S.1215/A.9325 of 2001-02, S.2002 of 1999-00, S.3975 of 1997-98, S.2580 of 95-96, S.4161 of 93-94.

Fiscal implications

None.

Effective date

This act shall take effect on the first day of November next succeeding the date on which it shall have become law.