What's happening
This bill expands the definition of automated teller machines and increases the lookback period for prior offenses from five to ten years for aggravated grand larceny involving ATMs.
Why it matters
Broadens what counts as an “automated teller machine” (ATM). The new definition includes not just machines linked to banks, but also those tied to consumer credit providers or combinations of these, and covers a wider range of banking and financial transactions (such as loan payments and credit card advances), potentially impacting more types of machines and businesses.
Increases legal risk for repeat offenders. By extending the lookback period for prior convictions from five to ten years, individuals with older theft convictions involving ATMs can now face harsher penalties, making it more difficult for repeat offenders to avoid aggravated charges.
Potential deterrent effect and increased prosecution. The longer lookback period and broader ATM definition may lead to more prosecutions under the aggravated grand larceny statute, aiming to deter repeat crimes targeting ATMs and related financial devices.
Possible implications for businesses and law enforcement. Businesses operating various types of financial kiosks or machines may need to review their security and compliance practices, and law enforcement will have an expanded scope when investigating and charging crimes involving these machines.
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Who cares
Headline styles
Tougher ATM Theft Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
Tougher Penalties for ATM Theft
In Senate Committee · Rules · Sponsor Martin J. Golden
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3376
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. THIELE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated grand larceny of an automated teller machine
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.00 of the penal law is amended by adding a new subdivision 10 to read as follows:
10. "Automated teller machine" means a device that is linked to a banking institution or a network of banking institutions, entities that provide consumer credit, or a combination of such institutions and entities, which enables consumers to carry out one or more banking transactions and/or financial transactions. Banking transactions shall include, but are not limited to, account transfers, deposits, cash withdrawals, balance inquiries and loan payments. Financial transactions shall include, but are not limited to, cash advances, credit card payments and balance inquiries.
§ 2. Section 155.43 of the penal law, as added by chapter 464 of the laws of 2010, is amended to read as follows: § 155.43 Aggravated grand larceny of an automated teller machine.
A person is guilty of aggravated grand larceny of an automated teller machine when he or she commits the crime of grand larceny in the third degree, as defined in subdivision two of section 155.35 of this article and has been previously convicted of grand larceny in the third degree within the previous [five] ten years.
Aggravated grand larceny of an automated teller machine is a class C felony.
§ 3. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06022-01-7
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.