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.