This bill has been amended

Bill S4610-2011

Relates to theft of services; includes the intent to use toll roads without payment of the lawful charge therefor

Relates to theft of services; includes the use of toll roads without payment of the lawful charge therefor.

Details

Actions

  • Jun 13, 2012: returned to senate
  • Jun 13, 2012: RECALLED FROM ASSEMBLY
  • May 8, 2012: referred to codes
  • May 8, 2012: DELIVERED TO ASSEMBLY
  • May 8, 2012: PASSED SENATE
  • May 7, 2012: ADVANCED TO THIRD READING
  • May 2, 2012: 2ND REPORT CAL.
  • May 1, 2012: 1ST REPORT CAL.644
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 16, 2011: referred to codes
  • Jun 16, 2011: DELIVERED TO ASSEMBLY
  • Jun 16, 2011: PASSED SENATE
  • May 16, 2011: ADVANCED TO THIRD READING
  • May 11, 2011: 2ND REPORT CAL.
  • May 10, 2011: 1ST REPORT CAL.562
  • Apr 13, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Codes - May 10, 2011
Ayes (13): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron, Espaillat
Ayes W/R (1): Perkins
Nays (2): Duane, Parker
VOTE: COMMITTEE VOTE: - Codes - May 1, 2012
Ayes (12): Saland, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, Nozzolio, O'Mara, Gianaris, Huntley, Squadron
Ayes W/R (2): Perkins, Espaillat
Nays (2): Duane, Parker

Memo

BILL NUMBER:S4610            REVISED 04/20/12

TITLE OF BILL: An act to amend the penal law, in relation to the theft of services

PURPOSE: This bill makes clear that the avoidance of tolls on a toll road constitutes theft of services

SUMMARY OF PROVISIONS: Section 1 amends section 165.15 of the penal law to make clear that theft of public transportation services shall include avoidance of tolls on a toll road. Additionally, this bill makes the theft of any services of a value in excess of $1000 a class E felony - consistent with the grand larceny statute.

EXISTING LAW: Current law lists railroad, subway, bus, air, taxi and other public transportation service.

JUSTIFICATION: This bill is meant to make clear that evasion of tolls on a public highway is the same as jumping a turnstile on a subway or exiting a taxi without paying a fare. There is a price to society in these instances, as the cost of the lost revenues are spread across the law-abiding part of the populace. Additionally, by amending the felony provision, theft of any service over $1000 is given equal treatment with tangible property.

LEGISLATIVE HISTORY: 2011: Passed Senate (S.4610/A.7643)

FISCAL IMPLICATIONS: This bill has no direct fiscal impact, though it is hoped that its deterrent value will lead to increased toll collection

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First of November succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4610 2011-2012 Regular Sessions IN SENATE April 13, 2011 ___________
Introduced by Sens. FUSCHILLO, GOLDEN, JOHNSON, LARKIN, STAVISKY, ZELDIN -- 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 theft of services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 and the closing paragraph of section 165.15 of the penal law, the closing paragraph as amended by chapter 491 of the laws of 1992, are amended to read as follows: 3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service, INCLUDING USE OF TOLL ROADS, without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him OR HER, he OR SHE obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay; or Theft of services is a class A misdemeanor, provided, however, that theft of cable television service as defined by the provisions of para- graphs (a), (c) and (d) of subdivision four of this section, and having a value not in excess of one hundred dollars by a person who has not been previously convicted of theft of services under subdivision four of this section is a violation, that theft of services under subdivision nine of this section by a person who has not been previously convicted of theft of services under subdivision nine of this section is a violation and provided further, however, that theft of [services of] any [telephone] service [under paragraph (a) or (b) of subdivision five of this section] having a value in excess of one thousand dollars or by a person who has been previously convicted within five years of theft of services under paragraph (a) of subdivision five of this section is a class E felony. S 2. 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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