A1203-2011 Actions

• Mar 27, 2012: held for consideration in codes
• Jan 4, 2012: referred to codes
• Jan 5, 2011: referred to codes

A1203-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1203
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 (PREFILED)
 January 5, 2011
 
 Introduced  by  M. of A. KOLB -- read once and referred 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
 
       A. 1203                             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
 
       A. 1203                             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.

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