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A02729 Summary:

BILL NOA02729
 
SAME ASSAME AS S02421
 
SPONSORLavine
 
COSPNSRJenne, Weprin, Perry, Montesano, Zebrowski, Brindisi, Brabenec, Skoufis, Woerner, Lupinacci, Mosley, Kearns, Jones, Norris
 
MLTSPNSRCurran, Friend, Hawley, Kolb, Lupardo, McDonald, McLaughlin, Palmesano, Ra, Raia, Solages
 
Amd 592 & 592-a, Bank L; amd 160.10, Pen L
 
Increases the penalty for robbery of property from a bank; makes the crime a class C felony.
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A02729 Actions:

BILL NOA02729
 
01/23/2017referred to banks
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A02729 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2729
 
SPONSOR: Lavine (MS)
  TITLE OF BILL: An act to amend the banking law and the penal law, in relation to increasing the penalty for robbery of property from a bank   PURPOSE: To increase the penalties for robbery of a banking institution.   SUMMARY OF PROVISIONS: Sections 1 and 2 of the bill amend Sections 592(2) and 592-a(2) of the Banking Law, respectively, to expand the list of felony offenses for which the Superintendent of Banks may refuse to issue a license to a mortgage banker or a certificate to a mortgage broker. Section 3 of the bill adds a new subdivision 4 to Section 160.10 of the Penal Law to expand the crime of robbery in the second degree to include property stolen from a banking institution.   EXISTING LAW: There are no separate provisions which relate to the specific crime of bank robbery.   JUSTIFICATION: Over the past decade, there has been an increase in the number of bank robberies committed throughout the State, especially crimes in which threatening notes and comments are made to bank tellers in conjunction with the robbery. Not only does this crime place employees and customers at risk, it imposes increased costs on all consumers. One continuing problem is the apparent perception among many criminals that this is a relatively easy type of crime which is not punished as seriously as other types of crimes. By increasing the penalties for bank robbery, this legislation seeks to help address this problem. The bill would establish meaningful penalties to serve as an effective deterrent and as an appropriate level of punishment.   LEGISLATIVE HISTORY: See S.2744 of 2007-08 See A.6872 of 2011-12 A.2485 of 2013-14   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become a law
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A02729 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2729
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        Introduced by M. of A. LAVINE, JENNE, SIMANOWITZ, WEPRIN, PERRY, MONTES-
          ANO,  ZEBROWSKI,  BRINDISI,  BRABENEC,  SKOUFIS,  WOERNER,  LUPINACCI,
          MOSLEY -- Multi-Sponsored by --  M.  of  A.  CURRAN,  FRIEND,  HAWLEY,
          LOPEZ,  LUPARDO, McDONALD, McLAUGHLIN, PALMESANO, RA, RAIA, SOLAGES --
          read once and referred to the Committee on Banks

        AN ACT to amend the banking law  and  the  penal  law,  in  relation  to
          increasing the penalty for robbery of property from a bank
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 592 of the banking law, as amended
     2  by chapter 472 of the laws of 2008, is amended to read as follows:
     3    2. The superintendent may refuse to issue a license pursuant  to  this
     4  article if he or she shall find that the applicant, or any person who is
     5  a  director,  officer, partner, agent, employee, substantial stockholder
     6  of the applicant, consultant or person having a  relationship  with  the
     7  applicant  similar  to  a  consultant, (a) has been convicted of a crime
     8  involving an activity which is a felony  under  this  chapter  or  under
     9  article  one hundred fifty-five, one hundred seventy, one hundred seven-
    10  ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
    11  y-five, one hundred eighty-seven, one hundred ninety, two  hundred,  two
    12  hundred  ten  or  four  hundred  seventy, or subdivision four of section
    13  160.10 of the penal law or any comparable felony under the laws  of  any
    14  other  state  or  the United States, provided that such crime would be a
    15  felony if committed and prosecuted under the laws of this state  or  (b)
    16  has  had  a license or registration revoked by the superintendent or (c)
    17  has been a director, partner, or substantial stockholder  of  an  entity
    18  which has had a license or registration revoked by the superintendent or
    19  (d) has been an agent, employee or officer of an entity, or a consultant
    20  to,  or  person having had a similar relationship with, any entity which
    21  has had a license or registration revoked by  the  superintendent  where
    22  such  person shall have been found by the superintendent to bear respon-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05234-01-7

        A. 2729                             2
 
     1  sibility in connection with the revocation. The term "substantial stock-
     2  holder", as used in this subdivision, shall be  deemed  to  refer  to  a
     3  person  owning  or  controlling directly or indirectly ten per centum or
     4  more of the total outstanding stock of a corporation.
     5    §  2. Subdivision 2 of section 592-a of the banking law, as amended by
     6  chapter 472 of the laws of 2008, is amended to read as follows:
     7    2. The superintendent may refuse to issue a  certificate  pursuant  to
     8  this  article  if he or she shall find that the applicant, or any person
     9  who is a director, officer, partner, agent, employee, substantial stock-
    10  holder of the applicant, consultant or person having a relationship with
    11  the applicant similar to a consultant, (a) has been convicted of a crime
    12  involving an activity which is a felony  under  this  chapter  or  under
    13  article  one hundred fifty-five, one hundred seventy, one hundred seven-
    14  ty-five, one hundred seventy-six, one hundred eighty, one hundred eight-
    15  y-five, one hundred eighty-seven, one hundred ninety, two  hundred,  two
    16  hundred  ten  or  four  hundred  seventy, or subdivision four of section
    17  160.10 of the penal law or any comparable felony under the laws  of  any
    18  other  state  or  the United States, provided that such crime would be a
    19  felony if committed and prosecuted under the laws of this state  or  (b)
    20  has  had  a license or registration revoked by the superintendent or (c)
    21  has been a director, partner, or substantial stockholder  of  an  entity
    22  which has had a license or registration revoked by the superintendent or
    23  (d) has been an agent, employee or officer of an entity, or a consultant
    24  to,  or  person having had a similar relationship with, any entity which
    25  has had a license or registration revoked by  the  superintendent  where
    26  such  person shall have been found by the superintendent to bear respon-
    27  sibility in connection with the revocation. The term "substantial stock-
    28  holder", as used in this subdivision, shall be  deemed  to  refer  to  a
    29  person  owning  or  controlling directly or indirectly ten per centum or
    30  more of the total outstanding stock of a corporation.
    31    § 3. Subdivision 3 of section 160.10 of the penal  law,  as  added  by
    32  chapter  308  of the laws of 1995, is amended and a new subdivision 4 is
    33  added to read as follows:
    34    3. The property consists of a motor vehicle, as defined in section one
    35  hundred twenty-five of the vehicle and traffic law[.]; or
    36    4. The property is stolen from a bank, trust  company,  savings  bank,
    37  safe  deposit  company, savings and loan association or credit union, as
    38  such terms are defined in section two of the  banking  law,  or  from  a
    39  foreign  banking  corporation  licensed  pursuant  to article two of the
    40  banking law, or from a bank, trust company, savings  bank,  savings  and
    41  loan  association,  credit union or foreign banking corporation which is
    42  incorporated, chartered, organized or licensed under  the  laws  of  any
    43  other  state  or the United States and which maintains branch offices in
    44  this state.
    45    § 4. This act shall take effect on the first of November next succeed-
    46  ing the date on which it shall have become a law.
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