S1189-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S1189-2013 Memo

BILL NUMBER:S1189

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crime of public
larceny

PURPOSE OR GENERAL IDEA OF BILL:

To deter and punish the abuse of publicly-issued credit cards.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends �155.00 of the Penal Law by adding a
new subdivision 10 defining "unauthorized purchases."

Section two of the bill adds five new sections, 155.50, 155.55, 155.60,
155.65, and 155.70 to the Penal Law creating the new crime of Public
Larceny in 5 degrees.

Section three is the effective date.

JUSTIFICATION:

A recent case involving two employees of state group homes for
developmentally disabled adults illustrates the need for this change
to the Penal Law. The two employees had been issued state gasoline
credit cards for use in relation to the performance of their jobs.
Over the course of nine months the two, along with a girlfriend, were
recorded misusing the state card 42 times, filling their own and
others' vehicles, for a total of more than $19,000. The three were
arrested and charged with 4th degree larceny, an E felony. While the
state agency involved in the theft promised to take immediate action
to have greater control over the use of credit cards, the charge and
disposition of this case is inadequate to deter this kind of crime
and punish it when it occurs.
The nature of the offense needs to be more specifically defined when it
involves the misuse of a legally obtained and possessed credit or
debit card. Prosecutors are ill-equipped, under the current statute,
to fully charge defendants in a way that accurately reflects true
scope of the crime. In addition, recent reports concerning the abuse
of federal credit and debit cards, while not within the orbit of this
Legislature to regulate, demonstrates the constant temptations around
the use of publicly-issued cards and the need to better protect the
public purse.

PRIOR LEGISLATIVE HISTORY:

2008: Passed Senate/Assembly Codes Committee
2009: Senate Codes
2010: Senate Codes; Notice of Committee Consideration Requested;
Advanced to Third Reading
2011: Passed Senate
2012: Senate Codes/Assembly Codes

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

S1189-2013 Text

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

                                    1189

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sens. FLANAGAN, LARKIN, MAZIARZ -- 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 establishing the crime  of
    public larceny

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


    Section 1. Section 155.00 of the penal law is amended by adding a  new
  subdivision 10 to read as follows:

    10.  "UNAUTHORIZED  PURCHASES" MEANS ANY PURCHASE MADE BY MEANS OF ANY
  CREDIT OR DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD  NOT  AUTHOR-
  IZED  BY  THE EMPLOYER WHO ISSUED THE CARD OR ANY PURCHASE MADE BY MEANS
  OF ANY CREDIT OR DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD ISSUED
  BY AN EMPLOYER NOT CONSISTENT  WITH  THE  PROVISIONS  OF  THE  AGREEMENT
  SIGNED BY THE EMPLOYEE WHEN THE CARD WAS ISSUED TO THE EMPLOYEE.
    S  2.  The  penal  law  is amended by adding five new sections 155.50,
  155.55, 155.60, 155.65 and 155.70 to read as follows:

  S 155.50 PUBLIC LARCENY IN THE FIFTH DEGREE.
    A PERSON IS GUILTY OF PUBLIC LARCENY IN THE FIFTH DEGREE  WHEN  HE  OR
  SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
  OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE,  POSSESSING A CREDIT
  OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
  THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
  SERVICES.
    PUBLIC LARCENY IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
  S 155.55 PUBLIC LARCENY IN THE FOURTH DEGREE.
    A PERSON IS GUILTY OF PUBLIC LARCENY IN THE FOURTH DEGREE WHEN  HE  OR
  SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
  OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A  CREDIT
  OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05654-01-3

 S. 1189                             2

  THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
  SERVICES EXCEEDING ONE THOUSAND DOLLARS.
    PUBLIC LARCENY IN THE FOURTH DEGREE IS A CLASS E FELONY.
  S 155.60 PUBLIC LARCENY IN THE THIRD DEGREE.
    A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE THIRD DEGREE WHEN HE OR
  SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
  OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
  OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
  THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
  SERVICES EXCEEDING THREE THOUSAND DOLLARS.
    PUBLIC LARCENY IN THE THIRD DEGREE IS A CLASS D FELONY.
  S 155.65 PUBLIC LARCENY IN THE SECOND DEGREE.
    A PERSON IS GUILTY OF PUBLIC LARCENY IN THE SECOND DEGREE WHEN  HE  OR
  SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
  OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A  CREDIT
  OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-
  THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
  SERVICES EXCEEDING FIFTY THOUSAND DOLLARS.
    PUBLIC LARCENY IN THE SECOND DEGREE IS A CLASS C FELONY.
  S 155.70 PUBLIC LARCENY IN THE FIRST DEGREE.
    A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE FIRST DEGREE WHEN HE OR
  SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
  OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
  OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
  THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
  SERVICES EXCEEDING ONE HUNDRED THOUSAND DOLLARS.
    PUBLIC LARCENY IN THE FIRST DEGREE IS A CLASS B FELONY.
    S 3. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.