Provides that a person who has previously been subjected to two or more petit larceny convictions within 18 months immediately preceding the charge and the aggregate value of the property exceeds one thousand dollars, the person is guilty of grand larceny in the fourth degree.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5029
SPONSOR: Reilly TITLE OF BILL:
An act to amend the penal law, in relation to allowing prosecutors to
combine certain charges
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes prosecutors to combine petit larceny charges occurring in one
18-month period.
SUMMARY OF PROVISIONS:
Section 1 amends subdivisions 9, 10, and 11 of section 155.30of the
penal law by adding the word "or" to bridge subdivisions9,10,11,and 12.
Section 1 also adds a new subdivision 12 to section 155.30 of the penal
law. Section 2 contains the effective date.
JUSTIFICATION:
This legislation intends to mitigate the serial theft of low dollar
items by authorizing prosecutors to aggregate larceny charges within an
18-month period, potentially elevating Petit Larceny - a theft valued at
$1,000 or less - to Grand Larceny - a theft exceeding $1,000 in value
and up to as much as $1,000,000 in value.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
First of November next succeeding the date on which is shall have become
law.
STATE OF NEW YORK
________________________________________________________________________
5029
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. REILLY, TANNOUSIS -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to allowing prosecutors to
combine certain charges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 9, 10 and 11 of section 155.30 of the penal
2 law, subdivision 9 as amended by chapter 479 of the laws of 2010, subdi-
3 vision 10 as added by chapter 491 of the laws of 1992 and subdivision 11
4 as added by chapter 394 of the laws of 2005, are amended and a new
5 subdivision 12 is added to read as follows:
6 9. The property consists of a scroll, religious vestment, a vessel, an
7 item comprising a display of religious symbols which forms a represen-
8 tative expression of faith, or other miscellaneous item of property
9 which:
10 (a) has a value of at least one hundred dollars; and
11 (b) is kept for or used in connection with religious worship in any
12 building, structure or upon the curtilage of such building or structure
13 used as a place of religious worship by a religious corporation, as
14 incorporated under the religious corporations law or the education
15 law[.]; or
16 10. The property consists of an access device which the person intends
17 to use unlawfully to obtain telephone service[.]; or
18 11. The property consists of anhydrous ammonia or liquified ammonia
19 gas and the actor intends to use, or knows another person intends to
20 use, such anhydrous ammonia or liquified ammonia gas to manufacture
21 methamphetamine[.]; or
22 12. Such person has previously been subjected to two or more petit
23 larceny convictions as defined in section 155.25 of this article within
24 the eighteen months immediately preceding the charge under this section
25 and the aggregate value of the property exceeds one thousand dollars.
26 § 2. This act shall take effect on the first of November next succeed-
27 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07337-01-3
