BILL NUMBER: S7241
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the penal law and the criminal procedure law, in
relation to establishing the crime of aggravated grand larceny
 
PURPOSE:
To address the dramatic rise in auto thefts occurring throughout the
State by increasing the penalty for committing repeated acts of grand
larceny of a motor vehicle and by making these offenses eligible for
bail or remand. Prohibits 16- and 17-year-old Adolescent Offenders
charged with grand larceny of a motor vehicle from escaping accountabil-
ity by being removed to Family Court.
 
SUMMARY OF PROVISIONS:
Sections 1: Adds a new section 155.32 to the Penal Law creating the
crime of Aggravated Grand Larceny, a class D felony, when a person
commits Grand Larceny in the Fourth Degree by stealing an automobile and
such person has a previous conviction for that crime within the last
five years.
Sections 2, 3 and 4: Amends Sections 510.10, 530.20 and 530.40 of Crimi-
nal Procedure Law in relation to the issuance of a securing order in
local and superior courts by including the following crimes within the
definition of qualifying offense to allow a judge to fix bail or remand
a defendant charged with these offenses: Aggravated Grand Larceny and
Grand Larceny in the Fourth Degree as defined in subdivision eight of
section 155.30 of the Penal Law where such charge arose from conduct
occurring while the defendant was released on his or her own recogni-
zance, released under conditions, or had yet to be arraigned after the
issuance of a desk appearance ticket for the crime of Grand Larceny in
the Fourth Degree as defined in subdivision eight of section 155.30 of
the Penal Law.
Section 5: Amends paragraph (d) of subdivision l,of Section 722.23 of
the. Criminal Procedure Law to authorize the court , upon .a motion by
the district attorney, to prevent Adolescent Offenders from having their
criminal case removed to Family Court from the Youth Part of Criminal
Court, if they are charged with the crimes of Aggravated Grand Larceny
or Grand Larceny in the Fourth Degree as defined in subdivision eight of
section 155.30 of the Penal Law. Removes the requirement that a prosecu-
tor must prove that extraordinary circumstance exists (one out of a
thousand cases) that warrant the case to remain in the criminal Youth
Part of Superior Court.
Section 6: Effective Date.
 
JUSTIFICATION:
Law enforcement agencies in communities across New York State experienc-
ing the greatest increases in motor vehicle theft report that teenagers
and young adults ranging from ages 13 to 24 are the ones most often
arrested in connection with these thefts. These individuals frequently
are associated with an organized group or crew. Car thefts in New York
City increased 191% from 2019. A total of 15,802 vehicles were stolen in
New York City through December 31, 2023. There were 5,438 vehicles
stolen in 2019. In 2023 auto thefts accounted for the largest increase
of any major crime category in New York City. The 15,802 represents a
15% increase from the 2022 number of autos stolen, which were 13,741.
These statistics underscore the urgent need for legislative action to
address the rising incidence of grand larceny, particularly in the
context of auto thefts, as highlighted by data from across the State.
By creating the crime of Aggravated Grand Larceny and making "Grand
Larceny Auto" bail-eligible, this legislation seeks to address these
pressing concerns and provide law enforcement with the necessary tools
to combat organized theft rings and deter repeat offenders.
Furthermore, the inclusion of provisions authorizing the prosecution of
Adolescent Offenders charged with specific larceny-related crimes in the
Youth Part of Criminal Court reflects a recognition of the unique chal-
lenges posed by Raise the Age laws. By removing barriers to the prose-
cution of these offenses and ensuring that appropriate measures are in
place to address recidivism among young offenders, the proposed legis-
lation takes proactive steps towards enhancing public safety and reduc-
ing criminal activity in our communities.
 
LEGISLATIVE HISTORY:
2024: S.8530 - Referred to Codes / A.9104 - Held for Consideration in
Codes
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7241: 530.20 criminal procedure law, 530.20(1) criminal procedure law, 530.40 criminal procedure law, 530.40(4) criminal procedure law, 722.23 criminal procedure law, 722.23(1) criminal procedure law