S472-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 5, 2011: REFERRED TO CODES

S472-2011 Memo

BILL NUMBER:S472

TITLE OF BILL:

An act
to amend the penal law, in relation to the criminality of theft of
rental property or equipment

SUMMARY OF PROVISIONS:

Section one amends the Penal Law by adding section 190.87 establishing
criminal theft of rental property or equipment valued at less than
five hundred dollars as a class A misdemeanor.

Section two amends the Penal Law by adding section 190.88
establishing criminal theft of rental property or equipment valued
at five hundred dollars or more as a class E felony.

Section three makes the bill effective on the thirtieth day after it
shall have become law.

JUSTIFICATION:

Rental equipment businesses are not only having trouble trying to
collect the rental fees for their equipment, but the actual equipment.
According to the American Rental Association (ARA), it is estimated
that $1 billion worth of equipment is stolen each year in the United
States.

The New York State economy depends in large part on the health of the
State's small businesses. Given that so much of our future prosperity
is dependent upon these businesses, it is important that their
resources are protected. This legislation will provide law
enforcement with a clear enforcement tool against those who knowingly
steal rental equipment in an effort deter this fraudulent behavior.
It is imperative that these businesses' resources be protected, as
they need be afforded every opportunity to succeed in New York State.

LEGISLATIVE HISTORY:
S.7806 of 2007/2008
S.2798 OF 2009/2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

S472-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     472

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced  by Sen. NOZZOLIO -- 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 the criminality  of  theft
    of rental property or equipment

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The penal law is amended by adding a new section 190.87  to
  read as follows:

  S 190.87 CRIMINAL  THEFT  OF RENTAL PROPERTY OR EQUIPMENT VALUED AT LESS
             THAN FIVE HUNDRED DOLLARS.
    1. A PERSON IS GUILTY OF CRIMINAL THEFT OF RENTAL PROPERTY  OR  EQUIP-
  MENT VALUED AT LESS THAN FIVE HUNDRED DOLLARS WHEN HE OR SHE KNOWINGLY:

    (A)  OBTAINS  CUSTODY  OF  PERSONAL  PROPERTY  OR  EQUIPMENT BY TRICK,
  DECEIT, FRAUD OR WILLFUL FALSE REPRESENTATION WITH INTENT TO DEFRAUD THE
  OWNER OR ANY PERSON IN LAWFUL POSSESSION OF  THE  PERSONAL  PROPERTY  OR
  EQUIPMENT;
    (B) HIRES OR LEASES PERSONAL PROPERTY OR EQUIPMENT FROM ANY PERSON WHO
  IS  IN  LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR EQUIPMENT WITH THE
  INTENT TO DEFRAUD SUCH PERSON OF THE RENTAL DUE UNDER THE RENTAL  AGREE-
  MENT;
    (C)  ABANDONS  OR  WILLFULLY REFUSES TO REDELIVER PERSONAL PROPERTY AS
  REQUIRED UNDER A RENTAL AGREEMENT WITHOUT THE CONSENT OF THE  LESSOR  OR
  THE  LESSOR'S  AGENT,  WITH INTENT TO DEFRAUD THE LESSOR OR THE LESSOR'S
  AGENT.
    2. UNDER THIS SECTION, THE FOLLOWING ACTS ARE CONSIDERED  PRIMA  FACIE
  EVIDENCE OF FRAUDULENT INTENT:

    (A) OBTAINING THE PROPERTY OR EQUIPMENT UNDER FALSE PRETENSES;
    (B) ABSCONDING WITHOUT PAYMENT;

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00341-01-1

 S. 472                              2

    (C)  REMOVING  OR  ATTEMPTING TO REMOVE THE PROPERTY OR EQUIPMENT FROM
  THE COUNTY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LESSOR OR LESSOR'S
  AGENT; OR
    (D)  FAILING TO PAY ANY AMOUNT DUE WHICH HAS INCURRED AS THE RESULT OF
  FAILURE TO REDELIVER PROPERTY  OR  EQUIPMENT  AFTER  THE  RENTAL  PERIOD
  EXPIRES.  AMOUNTS DUE MAY INCLUDE UNPAID RENTAL FEES FOR THE TIME PERIOD
  EXCEEDING THE RENTAL PERIOD EXPIRATION DATE AND THE COST OF REPAIRING OR
  REPLACING THE PROPERTY OR EQUIPMENT WHICHEVER IS THE LESSER  AMOUNT,  AS
  NECESSARY,  IF  SUCH  PROPERTY  OR  EQUIPMENT  HAS  BEEN  DAMAGED OR NOT
  RETURNED.
    3. THE LESSOR OR THE LESSOR'S AGENT MAY DEMAND FOR THE RETURN OF OVER-
  DUE PROPERTY OR EQUIPMENT AND FOR PAYMENT OF AMOUNTS DUE, INCLUDING  ANY
  AMOUNT  DUE  AS  A  RESULT OF THE FAILURE TO REDELIVER PROPERTY WHEN THE
  RENTAL PERIOD EXPIRED.
    (A) UPON DEMAND OF SUCH PROPERTY OR EQUIPMENT, THE LESSEE  SHALL  HAVE
  FIVE  DAYS  TO RETURN SUCH PROPERTY OR EQUIPMENT TO THE LESSOR AND SHALL
  PAY FOR THE ADDITIONAL COST OF POSSESSING  SUCH  PROPERTY  OR  EQUIPMENT
  BEYOND THE RENTAL PERIOD EXPIRATION DATE.
    (B)  DEMAND  FOR  RETURN  OF  OVERDUE  PROPERTY  OR  EQUIPMENT AND FOR
  PAYMENTS OF AMOUNTS DUE MAY BE MADE IN PERSON, BY HAND DELIVERY,  OR  BY
  CERTIFIED  MAIL  WITH A RETURN RECEIPT REQUESTED TO THE LESSEE'S ADDRESS
  SHOWN ON THE RENTAL CONTRACT. IF MAILED NOTICE IS  RETURNED  UNDELIVERED
  AFTER  SUCH NOTICE HAS BEEN MAILED TO THE ADDRESS GIVEN BY THE LESSEE AT
  THE TIME OF RENTAL, IT SHALL BE DEEMED EQUIVALENT TO  A  RETURN  RECEIPT
  FROM THE LESSEE.
    (C)  FAILURE TO RETURN SUCH PROPERTY OR EQUIPMENT OR PAY FOR THE ADDI-
  TIONAL COST OF POSSESSING SUCH PROPERTY OR EQUIPMENT  WITHIN  SUCH  FIVE
  DAY PERIOD SHALL BE CONSIDERED PRIMA FACIE EVIDENCE OF FRAUD.
    CRIMINAL  THEFT  OF  RENTAL  PROPERTY OR EQUIPMENT VALUED AT LESS THAN
  FIVE HUNDRED DOLLARS IS A CLASS A MISDEMEANOR.
    S 2. The penal law is amended by adding a new section 190.88  to  read
  as follows:

  S 190.88 CRIMINAL  THEFT  OF RENTAL PROPERTY OR EQUIPMENT VALUED AT FIVE
             HUNDRED DOLLARS OR MORE.
    1. A PERSON IS GUILTY OF CRIMINAL THEFT OF RENTAL PROPERTY  OR  EQUIP-
  MENT VALUED AT FIVE HUNDRED DOLLARS OR MORE WHEN HE OR SHE KNOWINGLY:

    (A)  OBTAINS  CUSTODY  OF  PERSONAL  PROPERTY  OR  EQUIPMENT BY TRICK,
  DECEIT, FRAUD OR WILLFUL FALSE REPRESENTATION WITH INTENT TO DEFRAUD THE
  OWNER OR ANY PERSON IN LAWFUL POSSESSION OF  THE  PERSONAL  PROPERTY  OR
  EQUIPMENT;
    (B) HIRES OR LEASES PERSONAL PROPERTY OR EQUIPMENT FROM ANY PERSON WHO
  IS  IN  LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR EQUIPMENT WITH THE
  INTENT TO DEFRAUD SUCH PERSON OF THE RENTAL DUE UNDER THE RENTAL  AGREE-
  MENT;
    (C)  ABANDONS  OR  WILLFULLY REFUSES TO REDELIVER PERSONAL PROPERTY AS
  REQUIRED UNDER A RENTAL AGREEMENT WITHOUT THE CONSENT OF THE  LESSOR  OR
  THE  LESSOR'S  AGENT,  WITH INTENT TO DEFRAUD THE LESSOR OR THE LESSOR'S
  AGENT.
    2. UNDER THIS SECTION, THE FOLLOWING ACTS ARE CONSIDERED  PRIMA  FACIE
  EVIDENCE OF FRAUDULENT INTENT:

    (A) OBTAINING THE PROPERTY OR EQUIPMENT UNDER FALSE PRETENSES;
    (B) ABSCONDING WITHOUT PAYMENT;
    (C)  REMOVING  OR  ATTEMPTING TO REMOVE THE PROPERTY OR EQUIPMENT FROM
  THE COUNTY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LESSOR OR LESSOR'S
  AGENT; OR

 S. 472                              3

    (D) FAILING TO PAY ANY AMOUNT DUE WHICH HAS INCURRED AS THE RESULT  OF
  FAILURE  TO  REDELIVER  PROPERTY  OR  EQUIPMENT  AFTER THE RENTAL PERIOD
  EXPIRES. AMOUNTS DUE MAY INCLUDE UNPAID RENTAL FEES FOR THE TIME  PERIOD
  EXCEEDING THE RENTAL PERIOD EXPIRATION DATE AND THE COST OF REPAIRING OR
  REPLACING  THE  PROPERTY OR EQUIPMENT WHICHEVER IS THE LESSER AMOUNT, AS
  NECESSARY, IF SUCH  PROPERTY  OR  EQUIPMENT  HAS  BEEN  DAMAGED  OR  NOT
  RETURNED.
    3. THE LESSOR OR THE LESSOR'S AGENT MAY DEMAND FOR THE RETURN OF OVER-
  DUE PROPERTY OR EQUIPMENT AND  FOR PAYMENT OF AMOUNTS DUE, INCLUDING ANY
  AMOUNT  DUE  AS  A  RESULT OF THE FAILURE TO REDELIVER PROPERTY WHEN THE
  RENTAL PERIOD EXPIRED.
    (A) UPON DEMAND OF SUCH PROPERTY OR EQUIPMENT, THE LESSEE  SHALL  HAVE
  FIVE  DAYS  TO RETURN SUCH PROPERTY OR EQUIPMENT TO THE LESSOR AND SHALL
  PAY FOR THE ADDITIONAL COST OF POSSESSING  SUCH  PROPERTY  OR  EQUIPMENT
  BEYOND THE RENTAL PERIOD EXPIRATION DATE.
    (B)  DEMAND  FOR  RETURN  OF  OVERDUE  PROPERTY  OR  EQUIPMENT AND FOR
  PAYMENTS OF AMOUNTS DUE MAY BE MADE IN PERSON, BY HAND DELIVERY,  OR  BY
  CERTIFIED  MAIL  WITH A RETURN RECEIPT REQUESTED TO THE LESSEE'S ADDRESS
  SHOWN ON THE RENTAL CONTRACT. IF MAILED NOTICE IS  RETURNED  UNDELIVERED
  AFTER  SUCH NOTICE HAS BEEN MAILED TO THE ADDRESS GIVEN BY THE LESSEE AT
  THE TIME OF RENTAL, IT SHALL BE DEEMED EQUIVALENT TO  A  RETURN  RECEIPT
  FROM THE LESSEE.
    (C)  FAILURE TO RETURN SUCH PROPERTY OR EQUIPMENT OR PAY FOR THE ADDI-
  TIONAL COST OF POSSESSING SUCH PROPERTY OR EQUIPMENT  WITHIN  SUCH  FIVE
  DAY PERIOD SHALL BE CONSIDERED PRIMA FACIE EVIDENCE OF FRAUD.
    CRIMINAL  THEFT OF RENTAL PROPERTY OR EQUIPMENT VALUED AT FIVE HUNDRED
  DOLLARS OR MORE IS A CLASS E FELONY.
    S 3. This act shall take effect on the thirtieth day  after  it  shall
  have become a law.