A 8867: Enacts the "New York state vehicle security circumvention device act" to prohibit the manufacturing, sale, offering to sell, or possession of devices outside of lawful and reasonable purposes.

  
  STATE OF NEW YORK ________________________________________________________________________ 8867 2025-2026 Regular Sessions  IN ASSEMBLY June 9, 2025 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to establishing the "New York state vehicle security circumvention device act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 article 12-E to read as follows: 3 ARTICLE 12-E 4 NEW YORK STATE VEHICLE SECURITY CIRCUMVENTION DEVICE ACT 5 Section 399-aa. Short title. 6 399-bb. Legislative intent. 7 399-cc. Definitions. 8 399-dd. Prohibited acts. 9 399-ee. Reporting of lost or stolen vehicle security circum- 10 vention devices. 11 399-ff. Penalties. 12 399-gg. Severability. 13 § 399-aa. Short title. This act shall be known and may be cited as the 14 "New York state vehicle security circumvention device act". 15 § 399-bb. Legislative intent. In two thousand twenty-four, over eight 16 hundred fifty thousand vehicles were stolen, often by organized crime 17 rings. Motor vehicle key programming or emulating devices and relay 18 attack devices are increasingly used by thieves to steal vehicles. A 19 motor vehicle key programming or emulating device is a device used to 20 electronically communicate with a motor vehicle to program a blank key 21 fob or emulate a key fob for the purpose of starting and operating the 22 vehicle. A relay attack device is a device used to intercept a key fob 23 signal to unlock and/or remotely activate the ignition of a motor vehi- 24 cle. Prohibiting the manufacturing, sale, offering to sell, or 25 possession of the devices outside of lawful and reasonable purposes will EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13335-01-5 
 A. 8867 2 1 help align vehicle theft statutes with 21st century criminal tactics and 2 provide law enforcement the necessary tools they need to combat car 3 thieves using today's most sophisticated technology. 4 The vehicle security circumvention device act prohibits the unlawful 5 manufacturing, possession, transfer, or sale of a motor vehicle key 6 programming or emulating device or relay attack device. It requires a 7 person lawfully authorized to possess a motor vehicle key programming or 8 emulating device or relay attack device to report to law enforcement 9 within forty-eight hours a lost or stolen device. This act establishes 10 criminal penalties to combat auto theft. 11 § 399-cc. Definitions. As used in this article, the following terms 12 shall have the following meanings: 13 1. "Motor vehicle key programming or emulating device" means any 14 device, computer program, application, or software designed or used to 15 electronically communicate with a motor vehicle for the purpose of 16 programming or emulating a motor vehicle key fob that is capable of 17 being used to unlock or start the motor vehicle. 18 2. "Relay attack device" means any device, computer program, applica- 19 tion, or software designed or used to intercept the signal from the key 20 fob of a motor vehicle to unlock or start the motor vehicle. 21 § 399-dd. Prohibited acts. No person shall knowingly manufacture, 22 sell, offer to sell, transfer, or possess a motor vehicle key program- 23 ming or emulating device or relay attack device, or aid or permit anoth- 24 er to use a motor vehicle key programming or emulating device or relay 25 attack device. This section shall not apply to the manufacturing, sale, 26 offering to sell, transfer, possession, or use of a motor vehicle key 27 programming or emulating device or relay attack device for a lawful and 28 reasonable purpose by or to a law enforcement officer, an employee of 29 the National Insurance Crime Bureau, or an employee of a licensed: deal- 30 er, distributor or manufacturer of motor vehicles or motor vehicle 31 locks; motor vehicle mechanic shop; locksmith company; or repossession 32 agency. 33 § 399-ee. Reporting of lost or stolen vehicle security circumvention 34 devices. A person authorized to possess a motor vehicle key programming 35 or emulating device or relay attack device shall report a lost or stolen 36 motor vehicle key programming or emulating device or relay attack device 37 within forty-eight hours of becoming aware that such device was lost or 38 stolen to a law enforcement agency within the jurisdiction in which the 39 device is known or thought to be lost or stolen. 40 § 399-ff. Penalties. Any person convicted of an offense committed 41 under section three hundred ninety-nine-dd of this article shall be 42 guilty of a class E felony. Any person who fails to report under section 43 three hundred ninety-nine-ee of this article shall be subject to a fine 44 of up to five thousand dollars or a class A misdemeanor. 45 § 399-gg. Severability. If any provision of this act or its applica- 46 tion to any person, legal entity, or circumstance is held invalid, the 47 remainder of this act or the application of the provision to other 48 persons, legal entities or circumstances shall not be affected. 49 § 2. This act shall take effect immediately.