What's happening
This bill expands the list of prior offenses that can elevate unauthorized use of a vehicle to a second-degree felony in New York.
Why it matters
Significantly broadens what counts as a prior offense. The bill expands the list of previous convictions that can elevate unauthorized use of a vehicle to a felony, including not just prior unauthorized use, but also auto stripping, grand larceny of a motor vehicle, criminal possession of stolen property (if it was a car), and illegal possession of a vehicle identification number. This means more people could face harsher penalties if they reoffend.
Targets repeat offenders with a wider net. By including a broader range of auto-related crimes, the bill aims to deter individuals with a history of vehicle theft or related offenses from reoffending, potentially reducing recidivism among career car thieves.
Raises potential consequences for more defendants. Individuals who may not have previously qualified for felony charges under the old law—because their prior conviction wasn’t specifically “unauthorized use of a vehicle”—could now be prosecuted for a higher degree felony, leading to longer sentences and more serious criminal records.
Reflects a policy shift toward stricter vehicle crime enforcement. The amendment signals legislative intent to treat a wider spectrum of vehicle-related crimes more severely, responding to public concerns about auto theft and related offenses.
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Toughen Car Theft Penalties
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History
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Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2936
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. DINOWITZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of unauthorized use of a vehicle in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 165.06 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to read as follows: § 165.06 Unauthorized use of a vehicle in the second degree.
A person is guilty of unauthorized use of a vehicle in the second degree when:
He or she commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 of this article and has been previously convicted of the crime of unauthorized use of a vehicle [in the third degree] as defined in [subdivision one of section 165.05 or second degree] sections 165.05, 165.06, and 165.08, auto stripping as defined in sections 165.09, 165.10, and 165.11, grand larceny of a motor vehicle as defined in sections 155.30, 155.35, 155.40, and 155.42, criminal possession of stolen property as defined in sections 165.40, 165.45, 165.50, 165.52, and 165.54 and the stolen property consisted of a motor vehicle, or illegal possession of a vehicle identification number as defined in section 170.70 within the preceding ten years.
Unauthorized use of a vehicle in the second degree is a class E felony.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03427-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.