Assembly Bill A8041

2023-2024 Legislative Session

Relates to the crimes of commercial bribery and larceny

download bill text pdf

Sponsored By

Current 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

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2023-A8041 (ACTIVE) - Details

See Senate Version of this Bill:
S1130
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§180.03, 180.08 & 155.00, Pen L; amd §20.40, CP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A7913, S5222
2021-2022: A5007, S1627

2023-A8041 (ACTIVE) - Summary

Removes the $250 economic harm requirement from the felony commercial bribery statutes; expands the crime of larceny to include theft of personal identifying information, computer data, computer programs, and services, to adapt to modern technological realities; provides state jurisdiction and county venue over cases involving larceny of personal identifying information, computer data, and computer programs, where the victim is located in the state or the county.

2023-A8041 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8041
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the penal law, in relation to the crimes of commercial
   bribery and larceny; and to  amend  the  criminal  procedure  law,  in
   relation  to  jurisdiction  for personal identifying information theft
   crimes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 180.03 of the penal law, as amended by chapter 577
 of the laws of 1983, is amended to read as follows:
 § 180.03 Commercial bribing in the first degree.
   A person is guilty of commercial bribing in the first degree  when  he
 OR  SHE  confers,  or  offers  or agrees to confer, any benefit upon any
 employee, agent or fiduciary without the consent of the latter's employ-
 er or principal, with intent to influence his OR HER conduct in relation
 to his OR HER employer's or principal's affairs, and when the  value  of
 the  benefit  conferred or offered or agreed to be conferred exceeds one
 thousand dollars [and causes economic harm to the employer or  principal
 in an amount exceeding two hundred fifty dollars].
   Commercial bribing in the first degree is a class E felony.
   § 2. Section 180.08 of the penal law, as amended by chapter 577 of the
 laws of 1983, is amended to read as follows:
 § 180.08 Commercial bribe receiving in the first degree.
   An  employee, agent or fiduciary is guilty of commercial bribe receiv-
 ing in the first degree when, without the consent of his OR HER employer
 or principal, he OR SHE solicits, accepts or agrees to accept any  bene-
 fit  from  another  person  upon an agreement or understanding that such
 benefit will influence his OR HER conduct in  relation  to  his  OR  HER
 employer's  or  principal's  affairs,  and when the value of the benefit
 solicited, accepted or  agreed  to  be  accepted  exceeds  one  thousand

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03644-01-3
 A. 8041                             2
              

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