Bill Text: NY A07184 | 2013-2014 | General Assembly | Introduced


Bill Title: Creates the crime of theft of rental property or equipment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-04-07 - held for consideration in codes [A07184 Detail]

Download: New_York-2013-A07184-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7184
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 6, 2013
                                      ___________
       Introduced  by  M. of A. KOLB -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to the criminality  of  theft
         of rental property or equipment
         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 190.87  to
    2  read as follows:
    3  S 190.87 CRIMINAL  THEFT  OF RENTAL PROPERTY OR EQUIPMENT VALUED AT LESS
    4             THAN FIVE HUNDRED DOLLARS.
    5    1. A PERSON IS GUILTY OF CRIMINAL THEFT OF RENTAL PROPERTY  OR  EQUIP-
    6  MENT VALUED AT LESS THAN FIVE HUNDRED DOLLARS WHEN HE OR SHE KNOWINGLY:
    7    (A)  OBTAINS  CUSTODY  OF  PERSONAL  PROPERTY  OR  EQUIPMENT BY TRICK,
    8  DECEIT, FRAUD OR WILLFUL FALSE REPRESENTATION WITH INTENT TO DEFRAUD THE
    9  OWNER OR ANY PERSON IN LAWFUL POSSESSION OF  THE  PERSONAL  PROPERTY  OR
   10  EQUIPMENT;
   11    (B) HIRES OR LEASES PERSONAL PROPERTY OR EQUIPMENT FROM ANY PERSON WHO
   12  IS  IN  LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR EQUIPMENT WITH THE
   13  INTENT TO DEFRAUD SUCH PERSON OF THE RENTAL DUE UNDER THE RENTAL  AGREE-
   14  MENT;
   15    (C)  ABANDONS  OR  WILLFULLY REFUSES TO REDELIVER PERSONAL PROPERTY AS
   16  REQUIRED UNDER A RENTAL AGREEMENT WITHOUT THE CONSENT OF THE  LESSOR  OR
   17  THE  LESSOR'S  AGENT,  WITH INTENT TO DEFRAUD THE LESSOR OR THE LESSOR'S
   18  AGENT.
   19    2. UNDER THIS SECTION, THE FOLLOWING ACTS ARE CONSIDERED  PRIMA  FACIE
   20  EVIDENCE OF FRAUDULENT INTENT:
   21    (A) OBTAINING THE PROPERTY OR EQUIPMENT UNDER FALSE PRETENSES;
   22    (B) ABSCONDING WITHOUT PAYMENT;
   23    (C)  REMOVING  OR  ATTEMPTING TO REMOVE THE PROPERTY OR EQUIPMENT FROM
   24  THE COUNTY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LESSOR OR LESSOR'S
   25  AGENT; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01470-01-3
       A. 7184                             2
    1    (D) FAILING TO PAY ANY AMOUNT DUE WHICH HAS INCURRED AS THE RESULT  OF
    2  FAILURE  TO  REDELIVER  PROPERTY  OR  EQUIPMENT  AFTER THE RENTAL PERIOD
    3  EXPIRES. AMOUNTS DUE MAY INCLUDE UNPAID RENTAL FEES FOR THE TIME  PERIOD
    4  EXCEEDING THE RENTAL PERIOD EXPIRATION DATE AND THE COST OF REPAIRING OR
    5  REPLACING  THE  PROPERTY OR EQUIPMENT WHICHEVER IS THE LESSER AMOUNT, AS
    6  NECESSARY, IF SUCH  PROPERTY  OR  EQUIPMENT  HAS  BEEN  DAMAGED  OR  NOT
    7  RETURNED.
    8    3. THE LESSOR OR THE LESSOR'S AGENT MAY DEMAND FOR THE RETURN OF OVER-
    9  DUE  PROPERTY OR EQUIPMENT AND FOR PAYMENT OF AMOUNTS DUE, INCLUDING ANY
   10  AMOUNT DUE AS A RESULT OF THE FAILURE TO  REDELIVER  PROPERTY  WHEN  THE
   11  RENTAL PERIOD EXPIRED.
   12    (A)  UPON  DEMAND OF SUCH PROPERTY OR EQUIPMENT, THE LESSEE SHALL HAVE
   13  FIVE DAYS TO RETURN SUCH PROPERTY OR EQUIPMENT TO THE LESSOR  AND  SHALL
   14  PAY  FOR  THE  ADDITIONAL  COST OF POSSESSING SUCH PROPERTY OR EQUIPMENT
   15  BEYOND THE RENTAL PERIOD EXPIRATION DATE.
   16    (B) DEMAND FOR  RETURN  OF  OVERDUE  PROPERTY  OR  EQUIPMENT  AND  FOR
   17  PAYMENTS  OF  AMOUNTS DUE MAY BE MADE IN PERSON, BY HAND DELIVERY, OR BY
   18  CERTIFIED MAIL WITH A RETURN RECEIPT REQUESTED TO THE  LESSEE'S  ADDRESS
   19  SHOWN  ON  THE RENTAL CONTRACT. IF MAILED NOTICE IS RETURNED UNDELIVERED
   20  AFTER SUCH NOTICE HAS BEEN MAILED TO THE ADDRESS GIVEN BY THE LESSEE  AT
   21  THE  TIME  OF  RENTAL, IT SHALL BE DEEMED EQUIVALENT TO A RETURN RECEIPT
   22  FROM THE LESSEE.
   23    (C) FAILURE TO RETURN SUCH PROPERTY OR EQUIPMENT OR PAY FOR THE  ADDI-
   24  TIONAL  COST  OF  POSSESSING SUCH PROPERTY OR EQUIPMENT WITHIN SUCH FIVE
   25  DAY PERIOD SHALL BE CONSIDERED PRIMA FACIE EVIDENCE OF FRAUD.
   26    CRIMINAL THEFT OF RENTAL PROPERTY OR EQUIPMENT  VALUED  AT  LESS  THAN
   27  FIVE HUNDRED DOLLARS IS A CLASS A MISDEMEANOR.
   28    S  2.  The penal law is amended by adding a new section 190.88 to read
   29  as follows:
   30  S 190.88 CRIMINAL THEFT OF RENTAL PROPERTY OR EQUIPMENT VALUED  AT  FIVE
   31             HUNDRED DOLLARS OR MORE.
   32    1.  A  PERSON IS GUILTY OF CRIMINAL THEFT OF RENTAL PROPERTY OR EQUIP-
   33  MENT VALUED AT FIVE HUNDRED DOLLARS OR MORE WHEN HE OR SHE KNOWINGLY:
   34    (A) OBTAINS CUSTODY  OF  PERSONAL  PROPERTY  OR  EQUIPMENT  BY  TRICK,
   35  DECEIT, FRAUD OR WILLFUL FALSE REPRESENTATION WITH INTENT TO DEFRAUD THE
   36  OWNER  OR  ANY  PERSON  IN LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR
   37  EQUIPMENT;
   38    (B) HIRES OR LEASES PERSONAL PROPERTY OR EQUIPMENT FROM ANY PERSON WHO
   39  IS IN LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR EQUIPMENT  WITH  THE
   40  INTENT  TO DEFRAUD SUCH PERSON OF THE RENTAL DUE UNDER THE RENTAL AGREE-
   41  MENT;
   42    (C) ABANDONS OR WILLFULLY REFUSES TO REDELIVER  PERSONAL  PROPERTY  AS
   43  REQUIRED  UNDER  A RENTAL AGREEMENT WITHOUT THE CONSENT OF THE LESSOR OR
   44  THE LESSOR'S AGENT, WITH INTENT TO DEFRAUD THE LESSOR  OR  THE  LESSOR'S
   45  AGENT.
   46    2.  UNDER  THIS SECTION, THE FOLLOWING ACTS ARE CONSIDERED PRIMA FACIE
   47  EVIDENCE OF FRAUDULENT INTENT:
   48    (A) OBTAINING THE PROPERTY OR EQUIPMENT UNDER FALSE PRETENSES;
   49    (B) ABSCONDING WITHOUT PAYMENT;
   50    (C) REMOVING OR ATTEMPTING TO REMOVE THE PROPERTY  OR  EQUIPMENT  FROM
   51  THE COUNTY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LESSOR OR LESSOR'S
   52  AGENT; OR
   53    (D)  FAILING TO PAY ANY AMOUNT DUE WHICH HAS INCURRED AS THE RESULT OF
   54  FAILURE TO REDELIVER PROPERTY  OR  EQUIPMENT  AFTER  THE  RENTAL  PERIOD
   55  EXPIRES.  AMOUNTS DUE MAY INCLUDE UNPAID RENTAL FEES FOR THE TIME PERIOD
   56  EXCEEDING THE RENTAL PERIOD EXPIRATION DATE AND THE COST OF REPAIRING OR
       A. 7184                             3
    1  REPLACING THE PROPERTY OR EQUIPMENT WHICHEVER IS THE LESSER  AMOUNT,  AS
    2  NECESSARY,  IF  SUCH  PROPERTY  OR  EQUIPMENT  HAS  BEEN  DAMAGED OR NOT
    3  RETURNED.
    4    3. THE LESSOR OR THE LESSOR'S AGENT MAY DEMAND FOR THE RETURN OF OVER-
    5  DUE PROPERTY OR EQUIPMENT AND  FOR PAYMENT OF AMOUNTS DUE, INCLUDING ANY
    6  AMOUNT  DUE  AS  A  RESULT OF THE FAILURE TO REDELIVER PROPERTY WHEN THE
    7  RENTAL PERIOD EXPIRED.
    8    (A) UPON DEMAND OF SUCH PROPERTY OR EQUIPMENT, THE LESSEE  SHALL  HAVE
    9  FIVE  DAYS  TO RETURN SUCH PROPERTY OR EQUIPMENT TO THE LESSOR AND SHALL
   10  PAY FOR THE ADDITIONAL COST OF POSSESSING  SUCH  PROPERTY  OR  EQUIPMENT
   11  BEYOND THE RENTAL PERIOD EXPIRATION DATE.
   12    (B)  DEMAND  FOR  RETURN  OF  OVERDUE  PROPERTY  OR  EQUIPMENT AND FOR
   13  PAYMENTS OF AMOUNTS DUE MAY BE MADE IN PERSON, BY HAND DELIVERY,  OR  BY
   14  CERTIFIED  MAIL  WITH A RETURN RECEIPT REQUESTED TO THE LESSEE'S ADDRESS
   15  SHOWN ON THE RENTAL CONTRACT. IF MAILED NOTICE IS  RETURNED  UNDELIVERED
   16  AFTER  SUCH NOTICE HAS BEEN MAILED TO THE ADDRESS GIVEN BY THE LESSEE AT
   17  THE TIME OF RENTAL, IT SHALL BE DEEMED EQUIVALENT TO  A  RETURN  RECEIPT
   18  FROM THE LESSEE.
   19    (C)  FAILURE TO RETURN SUCH PROPERTY OR EQUIPMENT OR PAY FOR THE ADDI-
   20  TIONAL COST OF POSSESSING SUCH PROPERTY OR EQUIPMENT  WITHIN  SUCH  FIVE
   21  DAY PERIOD SHALL BE CONSIDERED PRIMA FACIE EVIDENCE OF FRAUD.
   22    CRIMINAL  THEFT OF RENTAL PROPERTY OR EQUIPMENT VALUED AT FIVE HUNDRED
   23  DOLLARS OR MORE IS A CLASS E FELONY.
   24    S 3. This act shall take effect on the thirtieth day  after  it  shall
   25  have become a law.
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