STATE OF NEW YORK ________________________________________________________________________ 6569--A 2023-2024 Regular Sessions IN SENATE April 27, 2023 ___________ Introduced by Sens. MYRIE, BAILEY, GOUNARDES, KAVANAGH -- (at request of the Attorney General) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, the penal law and the execu- tive law, in relation to deed theft The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 30.10 of the criminal procedure 2 law is amended by adding a new paragraph (h) to read as follows: 3 (h) A prosecution for any felony related to a deed theft or where 4 there is fraud in connection with a transaction involving real property 5 must be commenced within eight years after the commission of the crime. 6 § 2. The penal law is amended by adding a new article 162 to read as 7 follows: 8 ARTICLE 162 9 RESIDENTIAL AND COMMERCIAL DEED THEFT 10 Section 162.00 Definitions. 11 162.05 Deed theft in the third degree. 12 162.10 Deed theft in the second degree. 13 162.15 Deed theft in the first degree. 14 162.20 Aggravated deed theft. 15 § 162.00 Definitions. 16 For the purposes of this article, the following terms shall have the 17 following meanings: 18 (1) "Deed theft" is committed by a person who, 19 (a) intentionally alters, falsifies, forges, or misrepresents property 20 documents such as a residential or commercial deed or title, with the 21 intent to deceive, defraud or unlawfully transfer or encumber the owner- 22 ship rights of a residential or commercial property; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07601-07-3
S. 6569--A 2 1 (b) with intent to defraud, misrepresents themselves as the owner or 2 authorized representative of residential or commercial real property to 3 induce others to rely on such false information in order to obtain 4 ownership or possession of such real property; or 5 (c) with intent to defraud, takes, obtains, steals, or transfers title 6 or ownership of real property by fraud, forgery, larceny, or any other 7 fraudulent or deceptive practice. 8 (2) "Residential real property" or any derivative word thereof shall 9 have the same meaning as defined in subdivision three of section 187.00 10 of this part. 11 (3) "Commercial real property" or any derivative word thereof shall 12 have the same meaning as defined in paragraph (a) of subdivision six of 13 section four hundred eighty-nine-aaaa of the real property tax law. 14 (4) "Mixed-use property" shall have the same meaning as defined in 15 subdivision twenty-two of section four hundred eighty-nine-aaaa of the 16 real property tax law. 17 (5) "Incompetent" shall have the same meaning as defined in section 18 1-2.9 of the estates, powers and trusts law. 19 (6) "Incapacitated person" shall mean a person who, because of mental 20 disability as defined in subdivision three of section 1.03 of the mental 21 hygiene law or mental deficiency, is unable to care for their own prop- 22 erty and/or personal needs, and is likely to suffer harm because such 23 person is unable to understand and appreciate the nature and conse- 24 quences of not being able to care for their property and/or personal 25 needs. 26 § 162.05 Deed theft in the third degree. 27 A person is guilty of deed theft in the third degree when such person 28 commits deed theft of one commercial real property. 29 Deed theft in the third degree is a class D felony. 30 § 162.10 Deed theft in the second degree. 31 A person is guilty of deed theft in the second degree when such person 32 commits deed theft of: (1) one residential real property; or (2) one 33 commercial mixed-use property with at least one residential unit; or (3) 34 three or more commercial properties. 35 Deed theft in the second degree is a class C felony. 36 § 162.15 Deed theft in the first degree. 37 A person is guilty of deed theft in the first degree when such person: 38 (1) commits deed theft of a residential property that is occupied as a 39 home by at least one person; or (2) commits deed theft of a residential 40 property that involves a home that is owned or occupied by an elderly 41 person or an incompetent, or an incapacitated person, or physically 42 disabled person. 43 Deed theft in the first degree is a class B felony. 44 § 162.20 Aggravated deed theft. 45 A person is guilty of aggravated deed theft in the first degree when 46 such person commits deed theft of three or more residential properties. 47 Aggravated deed theft is a class B felony. 48 § 3. Subdivision 3 of section 187.00 of the penal law, as amended by 49 chapter 507 of the laws of 2009, is amended to read as follows: 50 3. "Residential real property" means real property that is used or 51 occupied, or intended to be used or occupied, wholly or partly, as the 52 home or residence of one or more persons, including real property that 53 is improved by a one-to-four family dwelling, or a residential unit in a 54 building including units owned as condominiums or on a cooperative 55 basis, used or occupied, or intended to be used or occupied, wholly or 56 partly, as the home or residence of one or more persons, but shall not
S. 6569--A 3 1 refer to unimproved real property upon which such dwellings are to be 2 constructed. 3 § 4. Section 63 of the executive law is amended by adding a new subdi- 4 vision 17 to read as follows: 5 17. The attorney general may investigate and prosecute every person or 6 entity charged with the commission of a criminal offense in violation of 7 the laws of this state applicable to or in respect of the practices or 8 transactions referred to in article one hundred sixty-two of the penal 9 law relating to residential or commercial deed theft or in connection 10 with a deed theft or where there is fraud in connection with a trans- 11 action involving real property. In all such proceedings, the attorney 12 general may appear in person or by his or her deputy before any court of 13 record or any grand jury and exercise all the powers and perform all the 14 duties in respect of such actions or proceedings which the district 15 attorney would otherwise be authorized or required to exercise or 16 perform. 17 § 5. This act shall take effect on the thirtieth day after it shall 18 have become a law.