senate Bill S4841B

2017-2018 Legislative Session

Eliminates from the class A misdemeanor of theft of services certain transportation services and allows for community service in lieu of a civil penalty for certain thefts of transit services

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 08, 2018 print number 4841c
Feb 08, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
Jul 24, 2017 print number 4841b
Jul 24, 2017 amend (t) and recommit to codes
Mar 13, 2017 print number 4841a
Mar 13, 2017 amend and recommit to codes
Mar 03, 2017 referred to codes

S4841 (ACTIVE) - Details

See Assembly Version of this Bill:
A9715
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §165.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1134, A4638

S4841 (ACTIVE) - Summary

Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services and allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.

S4841 (ACTIVE) - Sponsor Memo

S4841 (ACTIVE) - Bill Text download pdf


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

                                  4841

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

Introduced  by Sen. HAMILTON -- 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 transit services

  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 OF TRANSIT SERVICES. A PERSON IS GUILTY OF THEFT OF TRAN-
           SIT SERVICES WHEN:
  1. WITH INTENT TO OBTAIN RAILROAD OR SUBWAY SERVICE 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
  2. WITH INTENT TO OBTAIN BUS, AIR, TAXI OR ANY OTHER PUBLIC  TRANSPOR-
TATION  SERVICE  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 UNJUSTI-
FIABLE FAILURE OR REFUSAL TO PAY;
  THEFT OF TRANSIT SERVICES IS A CLASS B MISDEMEANOR.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08514-01-7

S4841A (ACTIVE) - Details

See Assembly Version of this Bill:
A9715
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §165.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1134, A4638

S4841A (ACTIVE) - Summary

Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services and allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.

S4841A (ACTIVE) - Sponsor Memo

S4841A (ACTIVE) - Bill Text download pdf


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

                                 4841--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to theft of transit 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 without payment of the lawful charge
therefor,  or to avoid payment of the lawful charge for such transporta-
tion service which has been rendered to him, he 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
  §  2.  The penal law is amended by adding a new section 165.18 to read
as follows:
§ 165.18 THEFT OF TRANSIT SERVICES.
  A PERSON IS GUILTY OF THEFT OF TRANSIT SERVICES WHEN  WITH  INTENT  TO
OBTAIN  RAILROAD  OR SUBWAY SERVICE WITHOUT PAYMENT OF THE LAWFUL CHARGE
THEREFOR, OR TO AVOID PAYMENT OF THE LAWFUL CHARGE FOR SUCH  TRANSPORTA-
TION 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.
  THEFT  OF TRANSIT SERVICES IS A VIOLATION, PROVIDED HOWEVER, WHERE THE
DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF THIS OFFENSE WITHIN THE THREE
YEARS IMMEDIATELY PRECEDING SUCH VIOLATION, IT SHALL BE PUNISHABLE BY  A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
  § 3. This act shall take effect immediately.

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

S4841B (ACTIVE) - Details

See Assembly Version of this Bill:
A9715
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §165.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1134, A4638

S4841B (ACTIVE) - Summary

Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services and allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.

S4841B (ACTIVE) - Sponsor Memo

S4841B (ACTIVE) - Bill Text download pdf


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

                                 4841--B

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the penal law, in relation to theft of  certain  transit
  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[,] OR  taxi  [or
any  other  public transportation] service 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, he 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
  § 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08514-04-7

Co-Sponsors

S4841C (ACTIVE) - Details

See Assembly Version of this Bill:
A9715
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §165.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S1134, A4638

S4841C (ACTIVE) - Summary

Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services and allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.

S4841C (ACTIVE) - Sponsor Memo

S4841C (ACTIVE) - Bill Text download pdf


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

                                 4841--C

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              March 3, 2017
                               ___________

Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  penal  law  and  the public authorities law, in
  relation to theft of certain transit 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[,] OR taxi [or
any other public transportation] service 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,  he  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
  §  2.  Paragraph  b  of  subdivision 4 of section 1209-a of the public
authorities law, as amended by chapter 460  of  the  laws  of  2015,  is
amended to read as follows:
  b.  To  impose  civil  penalties  not to exceed a total of one hundred
fifty dollars for any transit infraction  within  its  jurisdiction,  in
accordance  with  a penalty schedule established by the authority or the
metropolitan transportation authority or a subsidiary thereof, as appli-
cable, except that FOR PENALTIES FOR THEFT OF  SERVICES,  THE  DEFENDANT
MAY  ELECT  TO  PERFORM  COMMUNITY SERVICE IN ACCORDANCE WITH A SCHEDULE
ESTABLISHED BY THE AUTHORITY AS AN ALTERNATIVE TO PAYMENT OF  THE  CIVIL

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

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