Bill Text: NY A07643 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to theft of services; includes the intent to use toll roads without payment of the lawful charge therefor.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-05-18 - print number 7643a [A07643 Detail]

Download: New_York-2011-A07643-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7643--A
                              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 -- recommitted to the Committee on  Codes  in  accordance
         with  Assembly  Rule  3, sec. 2 -- committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       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 OR TO  USE  ANY  HIGHWAY,  PARKWAY,  ROAD,
    6  BRIDGE  OR TUNNEL without payment of the lawful charge OR TOLL therefor,
    7  or to avoid payment of the lawful charge OR TOLL for such transportation
    8  service which has been rendered to him OR HER OR FOR  SUCH  USE  OF  ANY
    9  HIGHWAY,  PARKWAY, ROAD, BRIDGE OR TUNNEL, he OR SHE obtains or attempts
   10  to obtain such service OR USE or avoids or  attempts  to  avoid  payment
   11  therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
   12  tampering, or by unjustifiable failure or refusal to pay; or
   13    Theft of services is a class A misdemeanor,  provided,  however,  that
   14  theft  of cable television service as defined by the provisions of para-
   15  graphs (a), (c) and (d) of subdivision four of this section, and  having
   16  a  value  not  in  excess of one hundred dollars by a person who has not
   17  been previously convicted of theft of services under subdivision four of
   18  this section is a violation, that theft of  services  under  subdivision
   19  nine  of  this section by a person who has not been previously convicted
   20  of theft of services  under  subdivision  nine  of  this  section  is  a
   21  violation and provided further, however, that theft of [services of] any
   22  [telephone]  service  [under paragraph (a) or (b) of subdivision five of
   23  this section] having a value in excess of one thousand dollars or  by  a
   24  person  who  has been previously convicted within five years of theft of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10568-02-2
       A. 7643--A                          2
    1  services under paragraph (a) of subdivision five of this  section  is  a
    2  class E felony.
    3    S 2. This act shall take effect on the first of November next succeed-
    4  ing the date on which it shall have become a law.