Relates to theft of services; includes the use of toll roads without payment of the lawful charge therefor.
Ayes (57): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (4): Espaillat, Hassell-Thomps, Montgomery, Perkins
Excused (2): O'Mara, Parker
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.
STATE OF NEW YORK ________________________________________________________________________ 746 2013-2014 Regular Sessions IN 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 ofEXPLANATION--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.