senate Bill S4610

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Apr / 2011
    • REFERRED TO CODES
  • 10 / May / 2011
    • 1ST REPORT CAL.562
  • 11 / May / 2011
    • 2ND REPORT CAL.
  • 16 / May / 2011
    • ADVANCED TO THIRD READING
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 01 / May / 2012
    • 1ST REPORT CAL.644
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 08 / May / 2012
    • PASSED SENATE
  • 08 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 08 / May / 2012
    • REFERRED TO CODES
  • 13 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 13 / Jun / 2012
    • RETURNED TO SENATE
  • 13 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 13 / Jun / 2012
    • AMENDED ON THIRD READING 4610A
  • 19 / Jun / 2012
    • REPASSED SENATE
  • 19 / Jun / 2012
    • RETURNED TO ASSEMBLY
  • 19 / Jun / 2012
    • REFERRED TO CODES

Summary

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

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Bill Details

Versions:
S4610
S4610A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง165.15, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
A7643A

Sponsor Memo

BILL NUMBER:S4610 REVISED 04/20/12

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: 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.

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

                                  4610

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced by Sens. FUSCHILLO, GOLDEN, JOHNSON, LARKIN, STAVISKY, ZELDIN
  -- 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,  INCLUDING  USE  OF TOLL ROADS, without
payment of the lawful charge therefor, or to avoid payment of the lawful
charge for such transportation service which has been rendered to him OR
HER, he OR SHE obtains or attempts to obtain such service 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10568-01-1

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