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

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S746-2013 Actions

• May 22, 2013: referred to codes
• May 22, 2013: DELIVERED TO ASSEMBLY
• May 22, 2013: PASSED SENATE
• May 21, 2013: ADVANCED TO THIRD READING
• May 20, 2013: 2ND REPORT CAL.
• May 8, 2013: 1ST REPORT CAL.599
• Jan 9, 2013: REFERRED TO CODES

S746-2013 Meetings

Codes: May 8, 2013

S746-2013 Calendars

Active List: May 22, 2013 , Floor Calendar: May 20, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013

S746-2013 Votes

S746-2013 Memo

BILL NUMBER:S746

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:
2011-12: 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.

S746-2013 Text

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

                                     746

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sens. FUSCHILLO, GOLDEN, LARKIN, O'MARA -- 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  OR  TO  USE ANY HIGHWAY, PARKWAY, ROAD,
  BRIDGE OR TUNNEL without payment of the lawful charge OR TOLL  therefor,
  or to avoid payment of the lawful charge OR TOLL for such transportation
  service  which  has  been  rendered to him OR HER OR FOR SUCH USE OF ANY
  HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or  attempts
  to  obtain  such  service  OR USE 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01421-01-3

 S. 746                              2

  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.