What's happening
This bill increases penalties for larceny and criminal mischief committed during a governor-declared state of emergency in the affected area.
Why it matters
Creates harsher penalties for theft and property damage when committed during states of emergency. , aiming to deter crimes like looting or vandalism when communities are most vulnerable.
Escalates charges to higher felony levels for offenses that might otherwise be misdemeanors or lower-degree felonies. if they occur within a declared emergency zone, leading to significantly longer potential prison sentences.
May impact how law enforcement and prosecutors prioritize and pursue cases during disasters. , shifting resources toward quick response and prosecution of such crimes, and potentially affecting the local criminal justice system during emergencies.
Could have lasting consequences for individuals convicted under these provisions. , as felonies in New York can affect employment, housing, and civil rights long after serving a sentence, raising stakes for those arrested during emergencies.
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Who cares
Headline styles
Harsher Penalties for Emergency Crimes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
2 Co-sponsors
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1001
- Referred to codes
- Reported and committed to rules
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3763
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor, when committed within the geographical area where the state of emergency is in effect
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.30 of the penal law is amended by adding a new subdivision 12 to read as follows:
12. He or she commits the offense of petit larceny under section 155.25 of this article during a declaration of a state of emergency by the governor, within the geographical area where the state of emergency is in effect.
§ 2. Section 155.35 of the penal law is amended by adding a new subdivision 3 to read as follows:
3. Commits the offense of grand larceny in the fourth degree under section 155.30 of this article during a declaration of a state of emergency by the governor, within the geographical area where the state of emergency is in effect.
§ 3. Section 155.40 of the penal law is amended by adding a new subdivision 3 to read as follows:
3. He or she commits the offense of grand larceny in the third degree under section 155.35 of this article during a declaration of a state of emergency by the governor, within the geographical area where the state of emergency is in effect.
§ 4. Section 155.42 of the penal law, as added by chapter 515 of the laws of 1986, is amended to read as follows: § 155.42 Grand larceny in the first degree.
A person is guilty of grand larceny in the first degree when he steals property and when:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07357-01-7
S. 3763 2
1. [the] The value of the property exceeds one million dollars; or
2. He or she commits the offense of grand larceny in the second degree under section 155.40 of this article during a declaration of a state of emergency by the governor, within the geographical area where the state of emergency is in effect.
Grand larceny in the first degree is a class B felony.
§ 5. Section 145.05 of the penal law is amended by adding a new subdivision 3 to read as follows:
3. commits the offense of criminal mischief in the fourth degree under section 145.00 of this article during a declaration of a state of emergency by the governor, within the geographical area where the state of emergency is in effect.
§ 6. Section 145.10 of the penal law, as amended by chapter 961 of the laws of 1971, is amended to read as follows: § 145.10 Criminal mischief in the second degree.
A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he or she:
1. damages property of another person in an amount exceeding one thousand five hundred dollars; or
2. commits the offense of criminal mischief in the third degree under section 145.05 of this article during a declaration of a state of emergency by the governor, within the geographical area where the state of emergency is in effect.
Criminal mischief in the second degree is a class D felony.
§ 7. Section 145.12 of the penal law, as added by chapter 961 of the laws of 1971, is amended to read as follows: § 145.12 Criminal mischief in the first degree.
A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he or she:
1. damages property of another person by means of an explosive; or
2. commits the offense of criminal mischief in the second degree under section 145.10 of this article during a declaration of a state of emergency by the governor, within the geographical area where the state of emergency is in effect.
Criminal mischief in the first degree is a class B felony.
§ 8. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor, when committed within the geographical area where the state of emergency is in effect
Purpose
This legislation would increase the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor
Summary of provisions
Section one amends section 155.30 of the penal law and adds a new subdivision 12
Section two amends section 155.35 of the penal law and adds a new subdivision3
Section three amends subdivision 3 section 155.40 of the penal law and adds a newsubdivision 3
Section four amends section 155.42 of the penal law
Section five amends section145.05 of the penal law and adds a newsubdivision 3
Section six amends section 145.10 of the penal law
Section seven amends section 145.12 of the penal law
Section eight provides the effective date
Justification
When there is a declared state of emergency government, businesses and civilians are vulnerable. Whether a state of emergency is declared due to flooding, severe snow storms or a hurricane, there are laws on the books protecting New Yorkers from price gouging. Under current law, larceny and criminal mischief are crimes, however, during a state of emergency, committing these crimes does not result in a higher penalty. In a similar way that NYS has recognized a problem with price gouging during a state of emergency and put laws on the books to prevent, deter and punish those who would do it, we need to increase the penalties for those who would commit larceny or criminal mischief.
Legislative history
New Bill
Fiscal implications
None
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.