S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7517
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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] THEM, [he] SUCH
 PERSON 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 section 2 of part UU of chapter 56 of the
 laws of 2024, is amended to read as follows:
   b.  To impose civil penalties and to issue warnings for any transit or
 railroad infraction within its jurisdiction, in accordance with a penal-
 ty schedule established by the authority or the metropolitan transporta-
 tion authority or a subsidiary thereof, as applicable,  and  the  condi-
 tions  set  forth  in subdivisions eleven and twelve of this section and
 subdivision four of section twelve hundred sixty-six  of  this  article,
 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  penalties  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11717-01-5
              

 S. 7517                             2
 
 board of health of the city of New York, and penalties for violations of
 the  noise  code of the city of New York shall be in accordance with the
 penalties established for such violations by law,  and  civil  penalties
 for violations of the rules and regulations of the triborough bridge and
 tunnel  authority  shall be in accordance with the penalties established
 for such violations by section twenty-nine hundred eighty-five  of  this
 chapter;
   § 3. This act shall take effect immediately.