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Assembly Bill A4638

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee

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2019-A4638 (ACTIVE) - Details

See Senate Version of this Bill:
S1134
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §165.15, Pen L; amd §1209-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9715, S4841
2021-2022: A6119, S581, S8115
2023-2024: A1929, S5099
2025-2026: S7517

2019-A4638 (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.

2019-A4638 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4638
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of A. WRIGHT, GLICK, D'URSO, DICKENS, SIMON, BARRON,
   GOTTFRIED, PICHARDO, BLAKE, WILLIAMS, JEAN-PIERRE,  BICHOTTE,  MOSLEY,
   WALKER, DE LA ROSA -- read once and referred to the Committee on Codes
 
 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
 PENALTY  IF  SUCH  DEFENDANT  IS A MINOR OR HAS A HOUSEHOLD INCOME AT OR
 BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE, AND  penal-
 ties  for violations of the health code of the city of New York shall be
 in accordance with the penalties established for such violations by  the
 board of health of the city of New York, and penalties for violations of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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