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Senate Bill S5485

2025-2026 Legislative Session

Relates to deterring theft of essential infrastructure

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Current Bill Status - In Senate Committee Codes Committee

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2025-S5485 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§155.26 & 155.27, Pen L
Versions Introduced in 2023-2024 Legislative Session:
S9708

2025-S5485 (ACTIVE) - Summary

Provides that the theft of property of an essential service provider shall constitute grand larceny; provides a higher degree of crime where such theft results in a substantial interruption or impairment of service.

2025-S5485 (ACTIVE) - Sponsor Memo

2025-S5485 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5485
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 deterring theft of  essen-
   tial infrastructure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title.  This act shall be known and may be  cited  as
 the "prevention of damage to essential infrastructure act".
   §  2.  The  penal law is amended by adding two new sections 155.26 and
 155.27 to read as follows:
 § 155.26 GRAND LARCENY OF ESSENTIAL SERVICES IN THE SECOND DEGREE.
   1. A PERSON IS GUILTY OF GRAND LARCENY OF ESSENTIAL  SERVICES  IN  THE
 SECOND  DEGREE  WHEN  SUCH  PERSON  STEALS  THE PROPERTY OF AN ESSENTIAL
 SERVICE PROVIDER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   2. FOR PURPOSES OF THIS SECTION, AN "ESSENTIAL SERVICE PROVIDER" SHALL
 MEAN A UTILITY COMPANY AS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION
 TWO OF THE PUBLIC SERVICE LAW, A CABLE TELEVISION COMPANY AS DEFINED  IN
 SUBDIVISION  ONE  OF SECTION TWO HUNDRED TWELVE OF SUCH LAW, AN INTERNET
 SERVICE PROVIDER AS DEFINED IN  PARAGRAPH  (G)  OF  SUBDIVISION  ONE  OF
 SECTION  TWO  HUNDRED  TWENTY-FOUR-C  OF  SUCH LAW, A CELLULAR TELEPHONE
 COMPANY, ANY OTHER PERSON OR ENTITY PROVIDING  VOICE  OR  DATA  COMMUNI-
 CATIONS  SERVICES  TO  THE  PUBLIC,  REGARDLESS OF ITS REGULATORY STATUS
 UNDER STATE OR FEDERAL LAW, OR A PUBLIC UTILITY AUTHORITY SUBJECT TO THE
 PROVISIONS OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
   GRAND LARCENY OF ESSENTIAL SERVICES IN THE SECOND DEGREE IS A CLASS  C
 FELONY.
 § 155.27 GRAND LARCENY OF ESSENTIAL SERVICES IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF GRAND LARCENY OF ESSENTIAL SERVICES IN THE FIRST
 DEGREE  WHEN SUCH PERSON STEALS PROPERTY OF AN ESSENTIAL SERVICE PROVID-
 ER, AS DEFINED IN SUBDIVISION TWO OF SECTION 155.26 OF THIS ARTICLE, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09719-01-5
 S. 5485                             2

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