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