Bill S4400-2011

Establishes the crime of public larceny

Establishes the crime of public larceny.

Details

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

Votes

VOTE: COMMITTEE VOTE: - Codes - Jun 7, 2011
Ayes (14): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Perkins, Squadron, Espaillat
Ayes W/R (1): Duane
Nays (1): Parker

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4400 2011-2012 Regular Sessions IN 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.
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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