S T A T E   O F   N E W   Y O R K
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                                  4171

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 15, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN,  O. JOHNSON,  LANZA,  LAVALLE, MORAHAN,
  SEWARD, VOLKER -- 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
  public larceny

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

  Section  1. Section 155.00 of the penal law is amended by adding a new
subdivision 10 to read as follows:
  10. "UNAUTHORIZED PURCHASES" MEANS ANY PURCHASE MADE BY MEANS  OF  ANY
CREDIT  OR  DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD NOT AUTHOR-
IZED BY THE EMPLOYER WHO ISSUED THE CARD OR ANY PURCHASE MADE  BY  MEANS
OF ANY CREDIT OR DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD ISSUED
BY  AN  EMPLOYER  NOT  CONSISTENT  WITH  THE PROVISIONS OF THE AGREEMENT
SIGNED BY THE EMPLOYEE WHEN THE CARD WAS ISSUED TO THE EMPLOYEE.
  S 2. The penal law is amended by  adding  five  new  sections  155.50,
155.55, 155.60, 155.65 and 155.70 to read as follows:
S 155.50 PUBLIC LARCENY IN THE FIFTH DEGREE.
  A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE FIFTH DEGREE WHEN HE OR
SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE,  POSSESSING A CREDIT
OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-
THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
SERVICES.
  PUBLIC LARCENY IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S 155.55 PUBLIC LARCENY IN THE FOURTH DEGREE.
  A  PERSON  IS GUILTY OF PUBLIC LARCENY IN THE FOURTH DEGREE WHEN HE OR
SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06691-01-9

              

S. 4171                             2

THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
SERVICES EXCEEDING ONE THOUSAND DOLLARS.
  PUBLIC LARCENY IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 155.60 PUBLIC LARCENY IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE THIRD DEGREE WHEN HE OR
SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
SERVICES EXCEEDING THREE THOUSAND DOLLARS.
  PUBLIC LARCENY IN THE THIRD DEGREE IS A CLASS D FELONY.
S 155.65 PUBLIC LARCENY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF PUBLIC LARCENY IN THE SECOND DEGREE WHEN  HE  OR
SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A  CREDIT
OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-
THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
SERVICES EXCEEDING FIFTY THOUSAND DOLLARS.
  PUBLIC LARCENY IN THE SECOND DEGREE IS A CLASS C FELONY.
S 155.70 PUBLIC LARCENY IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE FIRST DEGREE WHEN HE OR
SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
SERVICES EXCEEDING ONE HUNDRED THOUSAND DOLLARS.
  PUBLIC LARCENY IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.