What's happening
This bill increases penalties for stealing or robbing a motor vehicle when a child under 16 is present in the vehicle.
Why it matters
Expands the definition of more serious crimes. By explicitly including situations where a child under 16 is present in a stolen or robbed vehicle, the law recognizes the heightened risk and trauma to children in these incidents, potentially deterring offenders and prioritizing child safety.
Raises the stakes for offenders. Individuals who steal or forcibly take a car with a child inside now face more severe felony charges (class D or B felonies), which can result in longer prison sentences. This could influence not just outcomes in court but also plea bargaining and prosecutorial decisions.
Acknowledges the unique dangers involved. The amendments highlight that vehicle theft or robbery with a child present creates additional public safety and emotional harms, not just to the property owner but to vulnerable minors, reflecting a societal judgment that these cases deserve stricter punishment.
May impact reporting and law enforcement practices. Clearer legal standards around vehicle theft/robbery with children involved could affect how police categorize and prioritize such incidents, potentially leading to faster responses and more thorough investigations in cases where a child is at risk.
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Who cares
Headline styles
Increase Penalties for Car Theft with Kids
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
No co-sponsors yet.
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.
Increase Car Theft Penalties
In Assembly Committee · Codes · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
912
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. CROCI -- 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 the theft of a motor vehicle while a child is present therein
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: § 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or she steals property and when:
1. [when] the value of the property exceeds three thousand dollars[,]; or
2. the property is an automated teller machine or the contents of an automated teller machine[.]; or
3. the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, and, during the commission of such offense, a child under the age of sixteen years is present in or on such motor vehicle.
Grand larceny in the third degree is a class D felony.
§ 2. 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 or she steals property and when [the]:
1. the value of the property exceeds one million dollars[.]; or
2. the property, regardless of its value, consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will cause physical injury to some person, in the future, and a child under the age of sixteen years is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01741-01-7
S. 912 2
present in or on such motor vehicle during the commission of such offense.
Grand larceny in the first degree is a class B felony.
§ 3. Section 160.15 of the penal law, as amended by chapter 374 of the laws of 1973, is amended to read as follows: § 160.15 Robbery in the first degree.
A person is guilty of robbery in the first degree when he or she forcibly steals property and when[, in]:
1. In the course of the commission of the crime or of immediate flight therefrom, he, she or another participant in the crime:
[1.] (a) Causes serious physical injury to any person who is not a participant in the crime; or
[2.] (b) Is armed with a deadly weapon; or
[3.] (c) Uses or threatens the immediate use of a dangerous instrument; or
[4.] (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; except that in any prosecution under this [subdivision] paragraph, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged. Nothing contained in this [subdivision] paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime[.]; or
2. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, and, during the commission of such offense, a child under the age of sixteen years is present in or on such motor vehicle.
Robbery in the first degree is a class B felony.
§ 4. 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 the theft of a motor vehicle while a child is present therein
Purpose
Increases the penalties for the theft of a motor vehicle when a child is present in the vehicle.
Summary of provisions
Amends the Penal Law to increase the penalties for theft of a motor vehicle when a child is present in the vehicle.
Justification
Cases of carjacking's where young children were present in the stolen vehicles have been reported over the last several years. Thefts of this nature not only traumatize children but place them at great risk of being physically harmed either at the hands of the carjacker, by a stranger if the car is abandoned, or during a police chase. This bill would increase the penalties for theft of a motor vehicle when a child is present in the vehicle, providing an important deterrent to thieves looking to commit these heinous acts.
Legislative history
S6585 of 2015/16: Passed in the Senate
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 law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.