What's happening
This bill defines automated teller machines in law and increases the look-back period for aggravated grand larceny of ATMs from five to ten years.
Why it matters
The new legal definition of “automated teller machine” (ATM) broadens what is covered, explicitly including devices connected to both banks and credit entities, and listing a wide range of possible financial transactions. This could ensure new and emerging types of cash machines or kiosks are covered by the law, potentially closing loopholes.
Expanding the look-back period for prior convictions to ten years means repeat ATM theft offenders can face harsher penalties for a much longer period,. increasing the potential deterrent effect and signaling the state’s focus on persistent offenders.
The changes may affect how both law enforcement and courts pursue and prosecute ATM-related theft, with more suspects qualifying for aggravated charges,. which could lead to longer sentences and greater prosecutorial leverage.
Financial institutions and businesses operating ATMs may benefit from enhanced legal protections,. which could encourage greater investment in ATM security or influence decisions about ATM placement, especially in high-risk areas.
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Who cares
Headline styles
Tougher Penalties for ATM Theft
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.817
- Referred to codes
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1020
- 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 ATM Theft Penalties
In Assembly Committee · Codes · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
884
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. GOLDEN -- 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 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to aggravated grand larceny of an automated teller machine
Purpose or general idea of bill
To clarify the definition of the term "automated teller machine" and to increase the look back period for the offense of aggravated grand larceny of an automated teller machine from five to ten years.
Summary of specific provisions
Section one of this bill adds a new subdivision 10 to Penal Law section 155.00 to define the term "automated teller machine" to include ATMs that are not linked to a specific bank. The expanded definition includes ATMs that service one or more networks that include banking institutions and/or credit card companies and allow customers to, among other things, withdraw funds or receive cash advances.
Section two of this bill amends section 155.43 of the Penal Law to extend the lookback period for aggravated larceny of an automated teller machine from 5 to 10 years.
Section three of this bill provides that this act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Justification
Current New York laws allow repeat offenders guilty of robbing substantial funds or cyber hacking an ATM to receive probation or minimal prison time for their crimes.
In addition, current definitions of ATM's do not adequately devices not physically located or connected to a bank, including machines that operate through a network of banking providers.
This bill would provide for greater sentencing options and treat all ATM's more equally, to further discourage financial crimes against any ATM in the State.
Prior legislative history
2016: S.7128 - Referred to Codes
Fiscal implications
Undetermined
Effective date
This act shall take effect on the first of November next succeeding the date upon 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.