New York S 9439: Provides for enhanced penalties for larceny and criminal possession of stolen property against elderly persons

Bill Text

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S09439 Summary:

BILL NOS09439 

&nbsp

SAME ASSAME AS A00397

&nbsp

SPONSORCOMRIE

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Add §§155.44 & 165.67, Pen L

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Increases offense categories by one for certain larceny and criminal possession of stolen property offenses committed against elderly persons.

Go to top S09439 Actions:

BILL NOS09439 

&nbsp

03/12/2026REFERRED TO CODES

Go to topS09439 Committee&nbspVotes:

Go to topS09439 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09439 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9439

 IN SENATE

 March 12, 2026
 ___________

 Introduced by Sen. COMRIE -- 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 enhanced penalties for
 larceny and criminal possession of stolen property against elderly
 persons

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 155.44 to
 2 read as follows:
 3 § 155.44 Enhanced penalties for larceny against elderly persons.
 4 1. For any offense committed in violation of this article against a
 5 person sixty years of age or older, where such person is an intended
 6 victim of the offense, other than section 155.42 or 155.43 of this arti-
 7 cle, and:
 8 (a) where such offense is a misdemeanor, the offense shall be deemed a
 9 class E felony; or
 10 (b) where such offense is a felony, the offense shall be deemed to be
 11 one category higher than the specified offense the defendant committed.
 12 2. The enhanced penalty provided for by subdivision one of this
 13 section shall only apply where:
 14 (a) the offender knew the age of the victim prior to or learned the
 15 age of the victim during the commission of the act; and
 16 (b) the offender has previously been convicted of a larceny offense
 17 other than section 155.42 or 155.43 of this article involving a person
 18 sixty years of age or older.
 19 § 2. The penal law is amended by adding a new section 165.67 to read
 20 as follows:
 21 § 165.67 Enhanced penalties for criminal possession of stolen property
 22 against elderly persons.
 23 1. For any offense committed in violation of sections 165.40, 165.45,
 24 165.50 and 165.52 of this article against a person sixty years of age or
 25 older, where such person is an intended victim of the offense, and:
 26 (a) where such offense is a misdemeanor, the offense shall be deemed a
 27 class E felony; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01932-01-5

 S. 9439 2

 1 (b) where such offense is a felony, the offense shall be deemed to be
 2 one category higher than the specified offense the defendant committed.
 3 2. The enhanced penalty provided for by subdivision one of this
 4 section shall only apply where:
 5 (a) the offender knew the age of the victim prior to or learned the
 6 age of the victim during the commission of the act; and
 7 (b) the offender has previously been convicted of a criminal
 8 possession of stolen property offense involving a person sixty years of
 9 age or older.
 10 § 3. This act shall take effect on the ninetieth day after it shall
 11 have become a law.

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