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S08883 Summary:

BILL NOS08883
 
SAME ASSAME AS A08867
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Add Art 12-E §§399-aa - 399-gg, V & T L
 
Enacts the "New York state vehicle security circumvention device act" to prohibit the manufacturing, sale, offering to sell, or possession of devices outside of lawful and reasonable purposes.
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S08883 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8883
 
                    IN SENATE
 
                                    January 13, 2026
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to establishing
          the "New York state vehicle security circumvention device act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  article 12-E to read as follows:
     3                                ARTICLE 12-E
     4          NEW YORK STATE VEHICLE SECURITY CIRCUMVENTION DEVICE ACT
     5  Section 399-aa. Short title.
     6          399-bb. Legislative intent.
     7          399-cc. Definitions.
     8          399-dd. Prohibited acts.
     9          399-ee. Reporting of lost or  stolen  vehicle  security  circum-
    10                    vention devices.
    11          399-ff. Penalties.
    12          399-gg. Severability.
    13    § 399-aa. Short title. This act shall be known and may be cited as the
    14  "New York state vehicle security circumvention device act".
    15    §  399-bb. Legislative intent. In two thousand twenty-four, over eight
    16  hundred fifty thousand vehicles were stolen, often  by  organized  crime
    17  rings.  Motor  vehicle  key  programming  or emulating devices and relay
    18  attack devices are increasingly used by thieves  to  steal  vehicles.  A
    19  motor  vehicle  key  programming or emulating device is a device used to
    20  electronically communicate with a motor vehicle to program a  blank  key
    21  fob  or  emulate a key fob for the purpose of starting and operating the
    22  vehicle. A relay attack device is a device used to intercept a  key  fob
    23  signal  to unlock and/or remotely activate the ignition of a motor vehi-
    24  cle.  Prohibiting  the  manufacturing,  sale,  offering  to   sell,   or
    25  possession of the devices outside of lawful and reasonable purposes will
    26  help align vehicle theft statutes with 21st century criminal tactics and
    27  provide  law  enforcement  the  necessary  tools they need to combat car
    28  thieves using today's most sophisticated technology.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13335-01-5

        S. 8883                             2
 
     1    The vehicle security circumvention device act prohibits  the  unlawful
     2  manufacturing,  possession,  transfer,  or  sale  of a motor vehicle key
     3  programming or emulating device or relay attack device.  It  requires  a
     4  person lawfully authorized to possess a motor vehicle key programming or
     5  emulating  device  or  relay  attack device to report to law enforcement
     6  within forty-eight hours a lost or stolen device. This  act  establishes
     7  criminal penalties to combat auto theft.
     8    §  399-cc.  Definitions.  As used in this article, the following terms
     9  shall have the following meanings:
    10    1. "Motor vehicle key  programming  or  emulating  device"  means  any
    11  device,  computer  program, application, or software designed or used to
    12  electronically communicate with a  motor  vehicle  for  the  purpose  of
    13  programming  or  emulating  a  motor  vehicle key fob that is capable of
    14  being used to unlock or start the motor vehicle.
    15    2. "Relay attack device" means any device, computer program,  applica-
    16  tion,  or software designed or used to intercept the signal from the key
    17  fob of a motor vehicle to unlock or start the motor vehicle.
    18    § 399-dd. Prohibited acts.  No  person  shall  knowingly  manufacture,
    19  sell,  offer  to sell, transfer, or possess a motor vehicle key program-
    20  ming or emulating device or relay attack device, or aid or permit anoth-
    21  er to use a motor vehicle key programming or emulating device  or  relay
    22  attack  device. This section shall not apply to the manufacturing, sale,
    23  offering to sell, transfer, possession, or use of a  motor  vehicle  key
    24  programming  or emulating device or relay attack device for a lawful and
    25  reasonable purpose by or to a law enforcement officer,  an  employee  of
    26  the National Insurance Crime Bureau, or an employee of a licensed: deal-
    27  er,  distributor  or  manufacturer  of  motor  vehicles or motor vehicle
    28  locks; motor vehicle mechanic shop; locksmith company;  or  repossession
    29  agency.
    30    §  399-ee.  Reporting of lost or stolen vehicle security circumvention
    31  devices. A person authorized to possess a motor vehicle key  programming
    32  or emulating device or relay attack device shall report a lost or stolen
    33  motor vehicle key programming or emulating device or relay attack device
    34  within  forty-eight hours of becoming aware that such device was lost or
    35  stolen to a law enforcement agency within the jurisdiction in which  the
    36  device is known or thought to be lost or stolen.
    37    §  399-ff.  Penalties.  Any  person  convicted of an offense committed
    38  under section three hundred ninety-nine-dd  of  this  article  shall  be
    39  guilty of a class E felony. Any person who fails to report under section
    40  three  hundred ninety-nine-ee of this article shall be subject to a fine
    41  of up to five thousand dollars or a class A misdemeanor.
    42    § 399-gg. Severability. If any provision of this act or  its  applica-
    43  tion  to  any person, legal entity, or circumstance is held invalid, the
    44  remainder of this act or the  application  of  the  provision  to  other
    45  persons, legal entities or circumstances shall not be affected.
    46    § 2. This act shall take effect immediately.
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