Relates to the crime of unauthorized use of a motor vehicle; adds other motor vehicle related crimes as predicate crimes which may increase punishment for unauthorized use of a motor vehicle in the second degree when one is convicted of such crimes within the preceding ten years.
STATE OF NEW YORK
________________________________________________________________________
490--A
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. ALFA-
NO, BARRA, McKEVITT, SWEENEY, WALKER -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 Assem-bly, do enact as follows:
1 Section 1. Section 165.06 of the penal law, as amended by chapter 413
2 of the laws of 1982, is amended to read as follows:
3 § 165.06 Unauthorized use of a vehicle in the second degree.
4 A person is guilty of unauthorized use of a vehicle in the second
5 degree when:
6 He or she commits the crime of unauthorized use of a vehicle in the
7 third degree as defined in subdivision one of section 165.05 of this
8 article and has been previously convicted of the crime of unauthorized
9 use of a vehicle [in the third degree] as defined in [subdivision one of
10 section 165.05 or second degree] sections 165.05, 165.06, and 165.08,
11 auto stripping as defined in sections 165.09, 165.10, and 165.11, grand
12 larceny of a motor vehicle as defined in sections 155.30, 155.35,
13 155.40, and 155.42, criminal possession of stolen property as defined in
14 sections 165.40, 165.45, 165.50, 165.52, and 165.54 and the stolen
15 property consisted of a motor vehicle, or illegal possession of a vehi-
16 cle identification number as defined in section 170.70 within the
17 preceding ten years.
18 Unauthorized use of a vehicle in the second degree is a class E felo-
19 ny.
20 § 2. This act shall take effect on the ninetieth day after it shall
21 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02562-04-9
