Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 12, 2014 |
referred to codes delivered to assembly passed senate |
May 19, 2014 |
advanced to third reading |
May 14, 2014 |
2nd report cal. |
May 13, 2014 |
1st report cal.766 |
May 02, 2014 |
referred to codes |
Senate Bill S7187
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
2013-S7187 (ACTIVE) - Details
2013-S7187 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7187 TITLE OF BILL: An act to amend the penal law, in relation to larceny PURPOSE: To specify explicitly that in a prosecution for Larceny by false promise, "partial performance of such promise does not, by itself, preclude a reasonable jury from making such finding from all the facts and circumstances." SUMMARY OF PROVISIONS: Section 1 amends paragraph (d) of subdivision 2 of § 155.05 of the Penal Law to specify explicitly that in a prosecution for Larceny by false promise, "partial performance of such promise does not, by itself, preclude a reasonable jury from making such finding from all the facts and circumstances." Section 2 states that this act shall take effect immediately JUSTIFICATION: Elderly people are frequently the victims of home improvement scams throughout New York State. In the typical scheme, a dishonest contractor persuades his or her victim to make a full upfront payment;
2013-S7187 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7187 I N S E N A T E May 2, 2014 ___________ 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 larceny THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 2 of section 155.05 of the penal law is amended to read as follows: (d) By false promise. A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct. In any prosecution for larceny based upon a false promise, the defend- ant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed. Such a finding may be based only upon evidence estab- lishing that the facts and circumstances of the case are wholly consist- ent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed; PROVIDED THAT PARTIAL PERFORMANCE OF SUCH PROM- ISE DOES NOT, BY ITSELF, PRECLUDE A REASONABLE JURY FROM MAKING SUCH FINDING FROM ALL THE FACTS AND CIRCUMSTANCES; S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13773-01-4
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