Bill Text: NY A01929 | 2023-2024 | General Assembly | Introduced
Bill Title: Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services; allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-02-22 - enacting clause stricken [A01929 Detail]
Download: New_York-2023-A01929-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1929 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. ZINERMAN, BURDICK, FORREST, EPSTEIN -- 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: 1 Section 1. Subdivision 3 of section 165.15 of the penal law is amended 2 to read as follows: 3 3. With intent to obtain [railroad, subway, bus,] air[,] or taxi [or4any other public transportation] service without payment of the lawful 5 charge therefor, or to avoid payment of the lawful charge for such 6 transportation service which has been rendered to him, he obtains or 7 attempts to obtain such service or avoids or attempts to avoid payment 8 therefor by force, intimidation, stealth, deception or mechanical 9 tampering, or by unjustifiable failure or refusal to pay; or 10 § 2. Paragraph b of subdivision 4 of section 1209-a of the public 11 authorities law, as amended by chapter 460 of the laws of 2015, is 12 amended to read as follows: 13 b. To impose civil penalties not to exceed a total of one hundred 14 fifty dollars for any transit infraction within its jurisdiction, in 15 accordance with a penalty schedule established by the authority or the 16 metropolitan transportation authority or a subsidiary thereof, as appli- 17 cable, except that for penalties for theft of services, the defendant 18 may elect to perform community service in accordance with a schedule 19 established by the authority as an alternative to payment of the civil 20 penalty if such defendant is a minor or has a household income at or 21 below two hundred fifty percent of the federal poverty line, and penal- 22 ties for violations of the health code of the city of New York shall be 23 in accordance with the penalties established for such violations by the 24 board of health of the city of New York, and penalties for violations of 25 the noise code of the city of New York shall be in accordance with the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01149-01-3A. 1929 2 1 penalties established for such violations by law, and civil penalties 2 for violations of the rules and regulations of the triborough bridge and 3 tunnel authority shall be in accordance with the penalties established 4 for such violations by section twenty-nine hundred eighty-five of this 5 chapter; 6 § 3. This act shall take effect immediately.