Increases penalties for grand larceny involving the theft of a motor vehicle; repealer

BILL NUMBER:S2625

Title of bill

An act to amend the penal law, in relation to grand larceny and unauthorized use of a vehicle and repealing subdivision 1 of section 165.05 of such law relating thereto

Purpose/summary of provisions

To increase the penalties for theft of automobiles. This bill amends section 155.35 of the penal law and repeals section 165.05 of the penal law.

Justification

Six years ago, the NYS Legislature and then Governor Cuomo recognized that our laws regarding automobile theft were too lenient. Therefore, section 155.30 was amended to include theft of a motor vehicle under the definition of grand larceny in the fourth degree which is a class E felony. However, subdivision one of section 165.05 of the penal law was left alone, allowing car theft to still be categorized as authorized use of a vehicle in the third degree which is a class A misdemeanor.

A crime as serious as car theft should receive a proportionate punishment. The option of a class A Misdemeanor is inappropriate to the crime and does very little to prevent recidivism. This legislation repeals subdivision one of section 165.05 dealing with unauthorized use of a vehicle and amends section 155.35 to make second offense for auto theft a class D felony. By repealing subdivision one of section 165.05 the first offense for auto theft would be a class E felony.

Fiscal implications

None.

Effective date

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