senate Bill S7602

2013-2014 Legislative Session

Relates to theft of services for the use of a highway, parkway, bridge or tunnel

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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 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 advanced to third reading
Jun 02, 2014 2nd report cal.
May 29, 2014 1st report cal.1054
May 15, 2014 referred to codes

Votes

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S7602 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง165.15, Pen L

S7602 - Bill Texts

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Relates to theft of services for the use of a highway, parkway, bridge or tunnel.

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BILL NUMBER:S7602

TITLE OF BILL: An act to amend the penal law, in relation to theft of
services

PURPOSE: To address the problem of toll evasion by clarifying that
avoidance of tolls on a toll road, bridge or tunnel constitutes theft
of services.

SUMMARY OF PROVISIONS: Section 1. Amends subdivision 3 of 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, bridge or tunnel.

JUSTIFICATION: Several public authorities in New York have implemented
the electronic toll collection system commonly referred to as E-ZPass.
The E-ZPass system has increased customer convenience while reducing
travel time, fuel consumption and potential back-ups at toll plazas
for the Thruway Authority and other public authorities.

While the benefits of E-ZPass are numerous, it does provide
opportunities for abuse. Those who are not E-ZPass subscribers can
evade tolls by driving through lanes designated for that purpose.
This legislation takes a comprehensive approach to addressing the
problem of toll evasion by clarifying the existing theft of services
offense to make clear that it also includes avoidance of paying tolls
on any road, bridge or tunnel that requires them.

This bill would strengthen the ability of New York's four authorities
that operate toll facilities-the Thruway Authority, the Metropolitan
Transportation Authority, the Bridge Authority, and the Port
Authority-to effectively manage and enforce the collection of tolls
throughout the State. Toll violators cost the tolling authorities tens
of millions of dollars each year, and the current law is outdated and
ineffective in enforcing against persistent violators. Some
persistent violators owe in excess of $100,000 in tolls and fees.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law.

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

                                  7602

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- 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 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 of section 165.15 of the penal law is 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
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15274-01-4

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