A 397: Increases offense categories by one for certain larceny and criminal possession of stolen property offenses committed against elderly persons.

  
  STATE OF NEW YORK ________________________________________________________________________ 397 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. VANEL -- read once and referred 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01932-01-5 
 A. 397 2 1 1. For any offense committed in violation of sections 165.40, 165.45, 2 165.50 and 165.52 of this article against a person sixty years of age or 3 older, where such person is an intended victim of the offense, and: 4 (a) where such offense is a misdemeanor, the offense shall be deemed a 5 class E felony; or 6 (b) where such offense is a felony, the offense shall be deemed to be 7 one category higher than the specified offense the defendant committed. 8 2. The enhanced penalty provided for by subdivision one of this 9 section shall only apply where: 10 (a) the offender knew the age of the victim prior to or learned the 11 age of the victim during the commission of the act; and 12 (b) the offender has previously been convicted of a criminal 13 possession of stolen property offense involving a person sixty years of 14 age or older. 15 § 3. This act shall take effect on the ninetieth day after it shall 16 have become a law.