BILL NUMBER: S8883
SPONSOR: COONEY
 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to establishing
the "New York state vehicle security circumvention device act"
 
PURPOSE:
The purpose of this bill is to establish the "New York State Vehicle
Security Circumvention Device Act" to combat vehicle theft from the
illicit copying of vehicle keys. Prohibiting the manufacturing, sale,
offering to sell, or possession of motor vehicle key programming or
emulating devices by unauthorized parties.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill creates new Article 12-E of the Vehicle and Traf-
fic Law that contains the following new sections of the Vehicle and
Traffic Law:
Section 399-aa: Short title.
Section 399-bb: Legislative Intent.
Section 399-cc: Definitions.
Section 399-dd: Prohibited Acts.
Section 399-ee: Reporting of Lost or Stolen Vehicle Security Circum-
vention Devices.
Section 399-ff: Penalties.
Section 399-gg: Severability Clause.
Section 2 of the bill establishes the effective date.
 
JUSTIFICATION:
In 2024, over 850,000 vehicles were stolen, often by organized crime
rings. Motor vehicle key programming or emulating devices and relay
attack devices are increasingly used by thieves to steal vehicles. A
motor vehicle key programming or emulating device is a device used to
electronically communicate with a motor vehicle to program a blank key
fob or emulate a key fob for the purpose of starting and operating the
vehicle. A relay attack device is a device used to intercept a key fob
signal to unlock and/or remotely activate the ignition of a motor vehi-
cle. Prohibiting the . manufacturing, sale, offering to sell, or
possession of the devices outside of lawful and reasonable purposes will
help align vehicle theft statutes with 21st century criminal tactics and
provide law enforcement the necessary tools they need to combat car
thieves using today's most sophisticated technology. The Vehicle Securi-
ty Circumvention Device Act prohibits the unlawful manufacturing,
possession, transfer, or sale of a motor vehicle key programming or
emulating device or relay attack device except by authorized automotive
dealers, mechanics, locksmiths, law enforcement, the National Insurance
Crime Bureau or a repossession agency. It requires a person lawfully
authorized to possess a motor vehicle key programming or emulating
device or relay attack device to report to law enforcement within 48
hours a lost or stolen device. The Act establishes criminal penalties
to combat auto theft.
 
LEGISLATIVE HISTORY:
New Legislation
 
FISCAL IMPLICATIONS:
This bill will have no fiscal impact to the State or local governments.
 
EFFECTIVE DATE:
This act shall take effect immediately.