Senate Bill S5576

2015-2016 Legislative Session

Establishes the crimes of petit theft of service, schemes to defraud and counterfeit trademarking

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S5576 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld §§165.74, 190.60 & 190.65, amd Pen L, generally
Versions Introduced in 2017-2018 Legislative Session:
S1973

2015-S5576 (ACTIVE) - Summary

Establishes the crimes of petit theft of service, schemes to defraud and counterfeit trademarking; relates to personal identifying information; defines "computer program" and "computer data"; makes related changes.

2015-S5576 (ACTIVE) - Sponsor Memo

2015-S5576 (ACTIVE) - Bill Text download pdf

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

                                  5576

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- 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  personal  identifying
  information,  establishes the crimes of petit theft of service, scheme
  to  defraud  and  counterfeit  trademarking;  and  to  repeal  certain
  provisions of the penal law relating thereto

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

  Section 1. Subdivisions 1, 2, 3, 4, 5, 8 and 9 of  section  155.00  of
the  penal  law,  subdivisions  1 and 8 as amended by chapter 514 of the
laws of 1986, subdivision 9 as added by chapter 530 of the laws of 1975,
are amended and three new subdivisions 7-d, 9 and 10 are added  to  read
as follows:
  1.  "Property"  means  any  money,  personal  property, real property,
computer  data,  computer  program,  PERSONAL  IDENTIFYING  INFORMATION,
SECRET  SCIENTIFIC  MATERIAL,  thing  in  action,  evidence  of  debt or
contract, or any article, substance or thing  of  value,  including  any
gas,  steam,  water  or  electricity,  which is provided for a charge or
compensation.
  2. "Obtain" includes, but is not limited to, the bringing about  of  a
transfer or purported transfer of property or of a legal interest there-
in, whether to the obtainer or another.  WITH REGARD TO PERSONAL IDENTI-
FYING  INFORMATION, COMPUTER DATA OR A COMPUTER PROGRAM, OBTAIN INCLUDES
DUPLICATING, RECORDING, COPYING, DOWNLOADING, UPLOADING OR PRINTING  OUT
THE  INFORMATION,  DATA,  OR  PROGRAM,  OR  OBTAINING  A PHYSICAL OBJECT
CONTAINING SUCH INFORMATION. WITH REGARD TO  SERVICE,  OBTAIN  INCLUDES,
BUT IS NOT LIMITED TO, USING OR ACCESSING A SERVICE.
  3.  "Deprive."  To "deprive" another of property means (a) to withhold
it or cause it to be withheld from him OR  HER  permanently  or  for  so
extended  a period or under such circumstances that the major portion of
its economic value or benefit is lost to him OR HER, or (b)  to  dispose

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11103-01-5
              

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