Bill Text: NY S04610 | 2011-2012 | General Assembly | Introduced

---

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

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Engrossed - Dead) 2012-06-19 - referred to codes [S04610 Detail]

Download: New_York-2011-S04610-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4610
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 13, 2011
                                      ___________
       Introduced by Sens. FUSCHILLO, GOLDEN, JOHNSON, LARKIN, STAVISKY, ZELDIN
         -- read twice and ordered printed, and when printed to be committed to
         the Committee 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