| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 03, 2018 |
referred to codes |
| Jan 17, 2017 |
referred to codes |
Senate Bill S2732
2017-2018 Legislative Session
Sponsored By
(R, C) 53rd Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
2017-S2732 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6478
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add §165.18, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7395
2015-2016: S4469, A10367
2017-S2732 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2732
TITLE OF BILL : An act to amend the penal law, in relation to
establishing the crime of theft by failure to make required
disposition of funds received
PURPOSE :
To make theft by failure to make required disposition of funds
received a class A misdemeanor.
SUMMARY OF PROVISIONS :
Amends the penal law by adding a new section 165.18 to make it a crime
to fail to make required disposition of funds received. Theft by
failure to make required disposition of funds received would be a
class A misdemeanor.
JUSTIFICATION :
On average, ambulance service companies lose thousands of dollars a
month from patients who have used the ambulance service, their
insurance company is billed and the company sends a check to the
patient to pay the ambulance. However rather than paying the bill, the
person pockets the money and leaves the ambulance services company
high and dry.
2017-S2732 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2732
2017-2018 Regular Sessions
I N S E N A T E
January 17, 2017
___________
Introduced by Sen. GRIFFO -- 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 establishing the crime of
theft by failure to make required disposition of funds received
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 165.18 to
read as follows:
§ 165.18 THEFT BY FAILURE TO MAKE REQUIRED DISPOSITION OF FUNDS
RECEIVED.
1. A PERSON IS GUILTY OF THEFT BY FAILURE TO MAKE REQUIRED DISPOSITION
OF FUNDS RECEIVED WHEN HE OR SHE OBTAINS PROPERTY UPON AGREEMENT, OR
SUBJECT TO A KNOWN LEGAL OBLIGATION, TO MAKE SPECIFIED PAYMENTS OR OTHER
DISPOSITION, WHETHER FROM SUCH PROPERTY OR ITS PROCEEDS OR FROM HIS OWN
PROPERTY TO BE RESERVED IN EQUIVALENT AMOUNT AND HE OR SHE INTENTIONALLY
DEALS WITH THE PROPERTY OBTAINED AS HIS OR HER OWN AND FAILS TO MAKE THE
REQUIRED PAYMENT OR DISPOSITION. THEFT BY FAILURE TO MAKE REQUIRED
DISPOSITION OF FUNDS RECEIVED APPLIES NOTWITHSTANDING THAT IT MAY BE
IMPOSSIBLE TO IDENTIFY PARTICULAR PROPERTY AS BELONGING TO THE VICTIM AT
THE TIME OF THE FAILURE OF THE ACTOR TO MAKE THE REQUIRED PAYMENT OR
DISPOSITION.
2. AN OFFICER OR EMPLOYEE OF THE GOVERNMENT OR OF A FINANCIAL INSTITU-
TION IS PRESUMED:
(A) TO KNOW ANY LEGAL OBLIGATION RELEVANT TO HIS OR HER CRIMINAL
LIABILITY UNDER THIS SECTION; AND
(B) TO HAVE DEALT WITH THE PROPERTY AS HIS OR HER OWN IF HE OR SHE
FAILS TO PAY OR ACCOUNT UPON LAWFUL DEMAND, OR IF AN AUDIT REVEALS A
SHORTAGE OR FALSIFICATION OF ACCOUNTS.
THEFT BY FAILURE TO MAKE REQUIRED DISPOSITION OF FUNDS RECEIVED IS A
CLASS A MISDEMEANOR.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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