senate Bill S2798

2009-2010 Legislative Session

Creates the crime of theft of rental property or equipment

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Mar 03, 2009 referred to codes

S2798 (ACTIVE) - Details

See Assembly Version of this Bill:
A10074
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง190.87 & 190.88, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S472, A1203
2013-2014: S4905, A7184
2015-2016: A4071
2017-2018: A2814
2019-2020: A1005

S2798 (ACTIVE) - Summary

Creates the crime of theft of rental property or equipment.

S2798 (ACTIVE) - Sponsor Memo

S2798 (ACTIVE) - Bill Text download pdf

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

                                  2798

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 3, 2009
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 criminality  of  theft
  of rental property or equipment

  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 190.87  to
read as follows:
S 190.87 CRIMINAL  THEFT  OF RENTAL PROPERTY OR EQUIPMENT VALUED AT LESS
           THAN FIVE HUNDRED DOLLARS.
  1. A PERSON IS GUILTY OF CRIMINAL THEFT OF RENTAL PROPERTY  OR  EQUIP-
MENT VALUED AT LESS THAN FIVE HUNDRED DOLLARS WHEN HE OR SHE KNOWINGLY:
  (A)  OBTAINS  CUSTODY  OF  PERSONAL  PROPERTY  OR  EQUIPMENT BY TRICK,
DECEIT, FRAUD OR WILLFUL FALSE REPRESENTATION WITH INTENT TO DEFRAUD THE
OWNER OR ANY PERSON IN LAWFUL POSSESSION OF  THE  PERSONAL  PROPERTY  OR
EQUIPMENT;
  (B) HIRES OR LEASES PERSONAL PROPERTY OR EQUIPMENT FROM ANY PERSON WHO
IS  IN  LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR EQUIPMENT WITH THE
INTENT TO DEFRAUD SUCH PERSON OF THE RENTAL DUE UNDER THE RENTAL  AGREE-
MENT;
  (C)  ABANDONS  OR  WILLFULLY REFUSES TO REDELIVER PERSONAL PROPERTY AS
REQUIRED UNDER A RENTAL AGREEMENT WITHOUT THE CONSENT OF THE  LESSOR  OR
THE  LESSOR'S  AGENT,  WITH INTENT TO DEFRAUD THE LESSOR OR THE LESSOR'S
AGENT.
  2. UNDER THIS SECTION, THE FOLLOWING ACTS ARE CONSIDERED  PRIMA  FACIE
EVIDENCE OF FRAUDULENT INTENT:
  (A) OBTAINING THE PROPERTY OR EQUIPMENT UNDER FALSE PRETENSES;
  (B) ABSCONDING WITHOUT PAYMENT;
  (C)  REMOVING  OR  ATTEMPTING TO REMOVE THE PROPERTY OR EQUIPMENT FROM
THE COUNTY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LESSOR OR LESSOR'S
AGENT; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00875-01-9

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