senate Bill S4610A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to codes
returned to assembly
repassed senate
Jun 13, 2012 amended on third reading 4610a
vote reconsidered - restored to third reading
Jun 13, 2012 returned to senate
recalled from assembly
May 08, 2012 referred to codes
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.644
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 16, 2011 referred to codes
delivered to assembly
passed senate
May 16, 2011 advanced to third reading
May 11, 2011 2nd report cal.
May 10, 2011 1st report cal.562
Apr 13, 2011 referred to codes

Votes

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May 1, 2012 - Codes committee Vote

S4610
12
2
committee
12
Aye
2
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 10, 2011 - Codes committee Vote

S4610
13
2
committee
13
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S4610 - Bill Details

See Assembly Version of this Bill:
A7643A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §165.15, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A7643A

S4610 - Bill Texts

view summary

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

view 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.

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                    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

Co-Sponsors

view additional co-sponsors

S4610A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7643A
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §165.15, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A7643A

S4610A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4610A

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4610--A
    Cal. No. 644

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 13, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, AVELLA, GOLDEN, JOHNSON, LARKIN, O'MARA,
  STAVISKY, ZELDIN -- read twice and ordered printed, and  when  printed
  to  be  committed  to  the  Committee  on  Codes -- recommitted to the
  Committee on Codes in  accordance  with  Senate  Rule  6,  sec.  8  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading, passed by Senate and delivered  to
  the  Assembly, recalled, vote reconsidered, restored to third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10568-03-2

S. 4610--A                          2

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.

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