Bill Text: NY A02555 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the crime of theft by failure to make required disposition of funds received making it a class A misdemeanor when the person intentionally deals with the property received as his or her own and fails to make the required payment or disposition of funds.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-03-22 - enacting clause stricken [A02555 Detail]

Download: New_York-2017-A02555-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2555
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 20, 2017
                                       ___________
        Introduced  by  M. of A. BRINDISI, McDONALD -- read once and referred to
          the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crime  of
          theft by failure to make required disposition of funds received
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The penal law is amended by adding a new section 165.18  to
     2  read as follows:
     3  § 165.18 Theft   by  failure  to  make  required  disposition  of  funds
     4             received.
     5    1. A person is guilty of theft by failure to make required disposition
     6  of funds received when he or she obtains  property  upon  agreement,  or
     7  subject to a known legal obligation, to make specified payments or other
     8  disposition,  whether from such property or its proceeds or from his own
     9  property to be reserved in equivalent amount and he or she intentionally
    10  deals with the property obtained as his or her own and fails to make the
    11  required payment or disposition.  Theft  by  failure  to  make  required
    12  disposition  of  funds  received  applies notwithstanding that it may be
    13  impossible to identify particular property as belonging to the victim at
    14  the time of the failure of the actor to make  the  required  payment  or
    15  disposition.
    16    2. An officer or employee of the government or of a financial institu-
    17  tion is presumed:
    18    (a)  to  know  any  legal  obligation  relevant to his or her criminal
    19  liability under this section; and
    20    (b) to have dealt with the property as his or her own  if  he  or  she
    21  fails  to  pay  or  account upon lawful demand, or if an audit reveals a
    22  shortage or falsification of accounts.
    23    Theft by failure to make required disposition of funds received  is  a
    24  class A misdemeanor.
    25    § 2. This act shall take effect on the first of November next succeed-
    26  ing the date on which it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02061-01-7