Changes the crime of petit larceny to petit larceny in the second degree and adds new crime of petit larceny in the first degree defined as the stealing of property by a person who has been convicted two or more times of petit larceny in the first or second degree within the preceding five years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4019
SPONSOR: Gabryszak (MS) TITLE OF BILL: An act to amend the penal law, in relation to repeat
offender status for petit larceny offenses
SUMMARY OF PROVISIONS: Amends section 155.25 of the Penal Law and adds
a new section 155.26 in the Penal Law creating larceny in the first
degree, as follows:
Section 155.25 Petit Larceny in the Second Decree; A person is guilty of
petit larceny in the second decree when he steals property. Petit
Larceny in the second decree is a class A misdemeanor.
Section 155.26 Petit Larceny in the First Degree; A person is guilty of
petit larceny in the first degree when he steals property and has been
convicted two or more times of petit larceny under section 155.25 or
section 155.26 within the preceding five years.
Petit Larceny in the first degree is a class E felony.
PURPOSE AND JUSTIFICATION:; Recent reports indicate that retailers
lose S9 billion or 2% of their merchandise to shoplifters annually. Such
losses, in addition to measures to prevent shoplifting, including store
security and equipment, result in increased prices for all consumers.
Individuals who are accused of stealing property are often charged with
violating section 155.25 of the penal law, a class 'A misdemeanor.
However, the present statute does not account for individuals who are
repeat offenders having multiple convictions under this section of the
law.
Repeat offender status based on prior convictions is a common deterrent
under other sections of the law including driving while intoxicated and
driving without a license. It permits increased sentencing for individ-
uals when their prior exposure to the criminal justice system was not a
sufficient deterrent to prevent additional criminal activity.
PRIOR LEGISLATIVE HISTORY:
2011-2012: A2904
2009-2010: A831 (Referred to Codes)
2007-2008: A7037 {Referred to Codes)
2006 - S.1520/A.4155 (CODES/Codes)
2005: - S.1520/A.4155 (PASSED SENATE/Codes)
2003-2004: - S.1685/A.2874 (PASSED SENATE/CODES)
2001-2002 -S.1451/A.4407 (CODES/Codes)
1999-2000 - S.1071/A.9948 (PASSED SENATE/Assembly Codes)
1997-1398 - S.2074/A.3214 (PASSED SENATE/Assembly Codes) 1996 -
S.5727/A.8624. (PASSED SENATE)
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the first day of Novem-
ber next succeeding the date on which it shall have become law.
