S4400-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 15, 2011: referred to codes
• Jun 15, 2011: DELIVERED TO ASSEMBLY
• Jun 15, 2011: PASSED SENATE
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1069
• Apr 4, 2011: REFERRED TO CODES

S4400-2011 Meetings

S4400-2011 Calendars

S4400-2011 Votes

S4400-2011 Memo

BILL NUMBER:S4400

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

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.

S4400-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4400
 2011-2012 Regular Sessions
 I N  SENATE
 April 4, 2011
 
 Introduced  by Sen. FLANAGAN -- 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
 THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
 SERVICES EXCEEDING ONE THOUSAND DOLLARS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07786-01-1
 
       S. 4400                             2
 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.

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