S T A T E O F N E W Y O R K ________________________________________________________________________ 7643 2011-2012 Regular Sessions I N A S S E M B L Y May 12, 2011 ___________ Introduced by M. of A. BRENNAN -- read once and referred to the Commit- tee on Codes AN ACT to amend the penal law, in relation to the theft of services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 and the closing paragraph of section 165.15 2 of the penal law, the closing paragraph as amended by chapter 491 of the 3 laws of 1992, are amended to read as follows: 4 3. With intent to obtain railroad, subway, bus, air, taxi or any other 5 public transportation service, INCLUDING USE OF TOLL ROADS, without 6 payment of the lawful charge therefor, or to avoid payment of the lawful 7 charge for such transportation service which has been rendered to him OR 8 HER, he OR SHE obtains or attempts to obtain such service or avoids or 9 attempts to avoid payment therefor by force, intimidation, stealth, 10 deception or mechanical tampering, or by unjustifiable failure or 11 refusal to pay; or 12 Theft of services is a class A misdemeanor, provided, however, that 13 theft of cable television service as defined by the provisions of para- 14 graphs (a), (c) and (d) of subdivision four of this section, and having 15 a value not in excess of one hundred dollars by a person who has not 16 been previously convicted of theft of services under subdivision four of 17 this section is a violation, that theft of services under subdivision 18 nine of this section by a person who has not been previously convicted 19 of theft of services under subdivision nine of this section is a 20 violation and provided further, however, that theft of [services of] any 21 [telephone] service [under paragraph (a) or (b) of subdivision five of 22 this section] having a value in excess of one thousand dollars or by a 23 person who has been previously convicted within five years of theft of 24 services under paragraph (a) of subdivision five of this section is a 25 class E felony. 26 S 2. This act shall take effect on the first of November next succeed- 27 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. LBD10568-01-1