What's happening
This bill expands the crimes that can elevate unauthorized use of a vehicle to second degree, including prior convictions for more vehicle-related offenses.
Why it matters
Broadens who can be charged with a felony. The bill adds more prior vehicle-related offenses (like auto stripping, grand larceny of a motor vehicle, criminal possession of a motor vehicle, and illegal possession of a vehicle identification number) as triggers for elevating unauthorized use of a vehicle to the more serious second degree, potentially increasing the number of people charged with felonies.
Targets repeat offenders with broader criteria. Previously, only those with a prior conviction for unauthorized use of a vehicle in the third degree could face the harsher charge; now, anyone with a recent conviction for any of several vehicle crimes could also face the higher penalty, signaling a tougher stance on repeat vehicle-related crime.
Raises stakes for certain vehicle crimes. By making it easier to prosecute unauthorized use of a vehicle as a felony for those with related criminal histories, the law could have a greater deterrent effect and lead to longer sentences for repeat offenders.
May impact plea deals and prosecutorial discretion. With more prior offenses qualifying for the felony charge, prosecutors have increased leverage in negotiations, which could influence how cases are charged and resolved in court.
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Who cares
People with prior vehicle-crime convictions
The bill would expand the convictions that can elevate a new qualifying unauthorized-use offense to a class E felony when the prior conviction occurred within ten years.
Prosecutors
The bill would allow second-degree unauthorized-use charges based on prior convictions for first-degree unauthorized use, auto stripping, grand larceny of a motor vehicle, criminal possession of a motor vehicle or illegal possession of a vehicle identification number.
Criminal defense attorneys
The expanded list of qualifying prior convictions would affect whether clients facing qualifying unauthorized-use charges could be charged with a class E felony.
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
5102
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
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.
LBD09370-01-9
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.