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S6727Senate2015-2016 Session

Provides that the degree of a larceny offense may be determined based on the aggregate value of all property stolen during multiple larcenies constituting a common scheme

Sponsor José PeraltaSD-13Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Sponsors

Primary sponsor
José Peralta

Senator · Senate District 13

No co-sponsors yet.

History

  1. Print number 6727b
  2. Amend and recommit to codes
  3. Print number 6727a
  4. Amend and recommit to codes
  5. Referred to codes

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, in relation to the commission of larceny

Purpose

This bill amends Section 155.20 of the Penal Law to define the "value" of property involved in a larceny may be deemed to include the aggregate market value of all the property taken, obtained, or withheld during a common scheme to defraud

Summary of provisions

Section 1 amends Subdivision 2 of Section 155.20 of the Penal Law to define the "value" of property involved in a larceny may be deemed to include the aggregate market value of all the property taken, obtained, or withheld during a common scheme to defraud

Section 2 sets forth the effective date of the law.

Justification

As acts of larceny have rapidly evolved to include a wide range of computer crimes, mortgage fraud and compounded instances of identity theft, the State's district attorneys are often left without the necessary tools to prosecute defendants in correlation with the magnitude of their wrongdoing.

For instance, if a had actor commits two unique acts of deed fraud resulting in the theft of real estate valued at $600,000, those two acts cannot be aggregated under current law to surpass the $1 million threshold that allows for prosecution of a defendant under Grand Larceny in the First Degree. a Class B felony. Rather, prosecutors are restricted to filing two counts of Grand Larceny in the Second Degree, where the current dollar amount threshold is $50,000. Grand Larceny in the Second Degree is a Class C felony and punishable by significantly lighter penalties. However, the fact remains that the defendant in this scenario has stolen more than a million dollars of property, as part of a single, coordinated criminal scheme.

Prior legislative history

New bill.

Effective date

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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.