A04945 Summary:

BILL NO    A04945 

SAME AS    No same as 

SPONSOR    Colton

COSPNSR    

MLTSPNSR   

Add S165.12, Pen L

Creates the new crime of theft of motor fuel from a motor vehicle.
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A04945 Actions:

BILL NO    A04945 

02/13/2013 referred to codes
01/08/2014 referred to codes
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A04945 Memo:

BILL NUMBER:A4945

TITLE OF BILL:  An act to amend the penal law, in relation to
criminalizing the theft of motor fuel from a motor vehicle

PURPOSE OR GENERAL IDEA OF BILL: To create criminal penalties for
stealing motor fuel from a motor vehicle by making it a class A
misdemeanor.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the penal law to add a new section 165.12 "Theft of
motor fuel". Section 1 subdivision 3 defines the terms "motor vehicle"
and "motor fuel" and states that the unauthorized removal of motor
fuel from a motor vehicle will result in class A misdemeanor.

JUSTIFICATION: This law is being introduced to help deter the
siphoning of gas from motor vehicles. The rising cost of gas makes
this type of theft increasingly egregious and dangerous to the victim
in emergency situations.

PRIOR LEGISLATIVE HISTORY:

2011-12: A.1336/Codes

2009-10: A.5332/Codes

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.
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A04945 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4945

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 13, 2013
                                      ___________

       Introduced by M. of A. COLTON -- read once and referred to the Committee
         on Codes

       AN ACT to amend the penal law, in relation to criminalizing the theft of
         motor fuel from a motor vehicle

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The penal law is amended by adding a new section 165.12  to
    2  read as follows:
    3  S 165.12 THEFT OF MOTOR FUEL.
    4    1.  A PERSON IS GUILTY OF THEFT OF MOTOR FUEL WHEN, KNOWING THAT HE OR
    5  SHE DOES NOT HAVE THE CONSENT OF THE OWNER OF A VEHICLE TO DO SO, HE  OR
    6  SHE  SIPHONS,  DRAINS OR OTHERWISE REMOVES MOTOR FUEL FROM THE FUEL TANK
    7  OF SUCH VEHICLE OR FROM A STORAGE CONTAINER LOCATED IN OR ON SUCH  VEHI-
    8  CLE. A PERSON WHO ENGAGES IN ANY SUCH CONDUCT WITHOUT THE CONSENT OF THE
    9  OWNER  OF  THE  VEHICLE IS PRESUMED TO KNOW THAT HE OR SHE DOES NOT HAVE
   10  SUCH CONSENT.
   11    2. IT IS A DEFENSE TO SUCH CHARGE THAT SUCH PERSON WAS  AUTHORIZED  TO
   12  REMOVE THE MOTOR FUEL PURSUANT TO LAW OR BY PERMISSION OF THE OWNER.
   13    3.  AS  USED  IN  THIS  SECTION:  A. "MOTOR VEHICLE" MEANS ANY VEHICLE
   14  PROPELLED IN WHOLE OR IN PART BY COMBUSTION OR OTHER USE OF MOTOR  FUEL,
   15  INCLUDING  VEHICLES PERMITTED UNDER THE VEHICLE AND TRAFFIC LAW TO OPER-
   16  ATE ON PUBLIC HIGHWAYS, BOATS, SNOWMOBILES, JET-SKIS, OFF-ROAD VEHICLES,
   17  ALL-TERRAIN VEHICLES, ROAD BUILDING MACHINERY,  POWER  SHOVELS,  TRACTOR
   18  CRANES AND TRACTORS USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES; AND
   19    B.  "MOTOR  FUEL"  MEANS  ANY  PETROLEUM PRODUCT WHICH IS USED FOR THE
   20  PROPULSION OF ANY MOTOR VEHICLE, AND INCLUDES GASOLINE, BENZOL OR  OTHER
   21  PRODUCT,  EXCEPT  KEROSENE  AND  CRUDE OIL, WHICH IS SUITABLE FOR USE IN
   22  OPERATION OF A MOTOR VEHICLE ENGINE, PROVIDED THAT IF KEROSENE OR  CRUDE
   23  OIL  IS  COMPOUNDED OR MIXED WITH ANY OTHER PRODUCT OR PRODUCTS, AND THE
   24  RESULTING COMPOUND OR MIXTURE IS SUITABLE FOR USE IN  THE  OPERATION  OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04158-02-3
       A. 4945                             2

    1  ANY SUCH MOTOR VEHICLE ENGINE, SUCH RESULTING COMPOUND OR MIXTURE IN ITS
    2  ENTIRETY SHALL BE A "MOTOR FUEL".
    3    THEFT OF MOTOR FUEL IS A CLASS A MISDEMEANOR.
    4    S 2. This act shall take effect on the first of November next succeed-
    5  ing the date on which it shall have become a law.
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