What's happening
This bill expands the offenses that qualify for second-degree unauthorized use of a vehicle to include prior convictions for auto stripping, grand larceny of a motor vehicle, criminal possession of a motor vehicle, or illegal possession of a vehicle identification number within the past ten years.
Why it matters
Broadens the scope of who can be charged with second-degree unauthorized use of a vehicle,. meaning individuals with prior convictions for related auto crimes (like auto stripping, grand larceny of a motor vehicle, criminal possession of a motor vehicle, or illegal possession of a VIN) within the past ten years will now face harsher felony charges if caught again.
Targets repeat offenders with a history of auto-related crimes,. signaling a legislative intent to crack down on persistent vehicle-related criminal activity and potentially deter career auto thieves.
Could lead to longer sentences and increased felony records for individuals with prior related convictions,. which may affect future employment, housing, and other opportunities, as well as contribute to the state’s overall incarceration rate.
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Who cares
People with prior vehicle-crime convictions
The bill would expand the prior convictions that can elevate a new unauthorized-use offense to a class E felony, including auto stripping, grand larceny of a motor vehicle and illegal possession of a vehicle identification number within the preceding ten years.
Prosecutors
The bill would allow second-degree unauthorized-use charges based on additional qualifying prior convictions, including first-degree unauthorized use and criminal possession of a motor vehicle.
Criminal defense attorneys
Attorneys would need to assess the expanded list of qualifying convictions when evaluating clients’ exposure to a second-degree unauthorized-use felony charge.
Headline styles
Toughen Car Theft Penalties
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4446
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. CYMBROWITZ, DenDEKKER -- 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 motor 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 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 first or second [degree] degrees, auto stripping, grand larceny of a motor vehicle, criminal possession of a motor vehicle or illegal possession of a vehicle identification number 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 first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06456-01-7
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.