Relates to increasing the penalty for larceny and criminal mischief during a declaration of a state of emergency by the governor, when committed within the geographical area where the state of emergency is in effect.
STATE OF NEW YORK
________________________________________________________________________
3763
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
___________
Introduced by Sen. FUNKE -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the penalty for
larceny and criminal mischief during a declaration of a state of emer-
gency by the governor, when committed within the geographical area
where the state of emergency is in effect
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 155.30 of the penal law is amended by adding a new
2 subdivision 12 to read as follows:
3 12. He or she commits the offense of petit larceny under section
4 155.25 of this article during a declaration of a state of emergency by
5 the governor, within the geographical area where the state of emergency
6 is in effect.
7 § 2. Section 155.35 of the penal law is amended by adding a new subdi-
8 vision 3 to read as follows:
9 3. Commits the offense of grand larceny in the fourth degree under
10 section 155.30 of this article during a declaration of a state of emer-
11 gency by the governor, within the geographical area where the state of
12 emergency is in effect.
13 § 3. Section 155.40 of the penal law is amended by adding a new subdi-
14 vision 3 to read as follows:
15 3. He or she commits the offense of grand larceny in the third degree
16 under section 155.35 of this article during a declaration of a state of
17 emergency by the governor, within the geographical area where the state
18 of emergency is in effect.
19 § 4. Section 155.42 of the penal law, as added by chapter 515 of the
20 laws of 1986, is amended to read as follows:
21 § 155.42 Grand larceny in the first degree.
22 A person is guilty of grand larceny in the first degree when he steals
23 property and when:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07357-01-7
S. 3763 2
1 1. [the] The value of the property exceeds one million dollars; or
2 2. He or she commits the offense of grand larceny in the second degree
3 under section 155.40 of this article during a declaration of a state of
4 emergency by the governor, within the geographical area where the state
5 of emergency is in effect.
6 Grand larceny in the first degree is a class B felony.
7 § 5. Section 145.05 of the penal law is amended by adding a new subdi-
8 vision 3 to read as follows:
9 3. commits the offense of criminal mischief in the fourth degree under
10 section 145.00 of this article during a declaration of a state of emer-
11 gency by the governor, within the geographical area where the state of
12 emergency is in effect.
13 § 6. Section 145.10 of the penal law, as amended by chapter 961 of the
14 laws of 1971, is amended to read as follows:
15 § 145.10 Criminal mischief in the second degree.
16 A person is guilty of criminal mischief in the second degree when with
17 intent to damage property of another person, and having no right to do
18 so nor any reasonable ground to believe that he has such right, he or
19 she:
20 1. damages property of another person in an amount exceeding one thou-
21 sand five hundred dollars; or
22 2. commits the offense of criminal mischief in the third degree under
23 section 145.05 of this article during a declaration of a state of emer-
24 gency by the governor, within the geographical area where the state of
25 emergency is in effect.
26 Criminal mischief in the second degree is a class D felony.
27 § 7. Section 145.12 of the penal law, as added by chapter 961 of the
28 laws of 1971, is amended to read as follows:
29 § 145.12 Criminal mischief in the first degree.
30 A person is guilty of criminal mischief in the first degree when with
31 intent to damage property of another person, and having no right to do
32 so nor any reasonable ground to believe that he has such right, he or
33 she:
34 1. damages property of another person by means of an explosive; or
35 2. commits the offense of criminal mischief in the second degree under
36 section 145.10 of this article during a declaration of a state of emer-
37 gency by the governor, within the geographical area where the state of
38 emergency is in effect.
39 Criminal mischief in the first degree is a class B felony.
40 § 8. This act shall take effect on the first of November next succeed-
41 ing the date on which it shall have become a law.