Senate Bill S7395

2013-2014 Legislative Session

Establishes the crime of theft by failure to make required disposition of funds received

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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2013-S7395 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §165.18, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4469
2017-2018: S2732

2013-S7395 (ACTIVE) - Summary

Establishes the crime of theft by failure to make required disposition of funds received making it a class A misdemeanor when the person intentionally deals with the property received as his or her own and fails to make the required payment or disposition of funds.

2013-S7395 (ACTIVE) - Sponsor Memo

2013-S7395 (ACTIVE) - Bill Text download pdf 

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

                                  7395

                            I N  S E N A T E

                              May 14, 2014
                               ___________

Introduced  by  Sen.  GRIFFO -- 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
  theft by failure to make required disposition of funds received

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

  Section 1. The penal law is amended by adding a new section 165.18  to
read as follows:
S 165.18 THEFT   BY  FAILURE  TO  MAKE  REQUIRED  DISPOSITION  OF  FUNDS
           RECEIVED.
  1. A PERSON IS GUILTY OF THEFT BY FAILURE TO MAKE REQUIRED DISPOSITION
OF FUNDS RECEIVED WHEN HE OR SHE OBTAINS  PROPERTY  UPON  AGREEMENT,  OR
SUBJECT TO A KNOWN LEGAL OBLIGATION, TO MAKE SPECIFIED PAYMENTS OR OTHER
DISPOSITION,  WHETHER FROM SUCH PROPERTY OR ITS PROCEEDS OR FROM HIS OWN
PROPERTY TO BE RESERVED IN EQUIVALENT AMOUNT AND HE OR SHE INTENTIONALLY
DEALS WITH THE PROPERTY OBTAINED AS HIS OR HER OWN AND FAILS TO MAKE THE
REQUIRED PAYMENT OR DISPOSITION.  THEFT  BY  FAILURE  TO  MAKE  REQUIRED
DISPOSITION  OF  FUNDS  RECEIVED  APPLIES NOTWITHSTANDING THAT IT MAY BE
IMPOSSIBLE TO IDENTIFY PARTICULAR PROPERTY AS BELONGING TO THE VICTIM AT
THE TIME OF THE FAILURE OF THE ACTOR TO MAKE  THE  REQUIRED  PAYMENT  OR
DISPOSITION.
  2. AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OR OF A FINANCIAL INSTITU-
TION IS PRESUMED:
  (A)  TO  KNOW  ANY  LEGAL  OBLIGATION  RELEVANT TO HIS OR HER CRIMINAL
LIABILITY UNDER THIS SECTION; AND
  (B) TO HAVE DEALT WITH THE PROPERTY AS HIS OR HER OWN  IF  HE  OR  SHE
FAILS  TO  PAY  OR  ACCOUNT UPON LAWFUL DEMAND, OR IF AN AUDIT REVEALS A
SHORTAGE OR FALSIFICATION OF ACCOUNTS.
  THEFT BY FAILURE TO MAKE REQUIRED DISPOSITION OF FUNDS RECEIVED  IS  A
CLASS A MISDEMEANOR.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11387-01-3

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