STATE OF NEW YORK ________________________________________________________________________ 5127 2019-2020 Regular Sessions IN ASSEMBLY February 7, 2019 ___________ Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crime of public larceny The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 155.00 of the penal law is amended by adding a new 2 subdivision 10 to read as follows: 3 10. "Unauthorized purchases" means any purchase made by means of any 4 credit or debit charge made against a credit or debit card not author- 5 ized by the employer who issued the card or any purchase made by means 6 of any credit or debit charge made against a credit or debit card issued 7 by an employer not consistent with the provisions of the agreement 8 signed by the employee when the card was issued to the employee. 9 § 2. The penal law is amended by adding five new sections 155.50, 10 155.55, 155.60, 155.65 and 155.70 to read as follows: 11 § 155.50 Public larceny in the fifth degree. 12 A person is guilty of public larceny in the fifth degree when he or 13 she is an employee of the state or a political subdivision of the state 14 or a governmental instrumentality within the state, possessing a credit 15 or debit card issued by his or her employer and the person makes unau- 16 thorized purchases using such credit or debit card for goods and 17 services. 18 Public larceny in the fifth degree is a class A misdemeanor. 19 § 155.55 Public larceny in the fourth degree. 20 A person is guilty of public larceny in the fourth degree when he or 21 she is an employee of the state or a political subdivision of the state 22 or a governmental instrumentality within the state, possessing a credit 23 or debit card issued by his or her employer and the person makes unau- 24 thorized purchases using such credit or debit card for goods and 25 services exceeding one thousand dollars. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09292-01-9A. 5127 2 1 Public larceny in the fourth degree is a class E felony. 2 § 155.60 Public larceny in the third degree. 3 A person is guilty of public larceny in the third degree when he or 4 she is an employee of the state or a political subdivision of the state 5 or a governmental instrumentality within the state, possessing a credit 6 or debit card issued by his or her employer and the person makes unau- 7 thorized purchases using such credit or debit card for goods and 8 services exceeding three thousand dollars. 9 Public larceny in the third degree is a class D felony. 10 § 155.65 Public larceny in the second degree. 11 A person is guilty of public larceny in the second degree when he or 12 she is an employee of the state or a political subdivision of the state 13 or a governmental instrumentality within the state, possessing a credit 14 or debit card issued by his or her employer and the person makes unau- 15 thorized purchases using such credit or debit card for goods and 16 services exceeding fifty thousand dollars. 17 Public larceny in the second degree is a class C felony. 18 § 155.70 Public larceny in the first degree. 19 A person is guilty of public larceny in the first degree when he or 20 she is an employee of the state or a political subdivision of the state 21 or a governmental instrumentality within the state, possessing a credit 22 or debit card issued by his or her employer and the person makes unau- 23 thorized purchases using such credit or debit card for goods and 24 services exceeding one hundred thousand dollars. 25 Public larceny in the first degree is a class B felony. 26 § 3. This act shall take effect on the first of November next succeed- 27 ing the date on which it shall have become a law.