Bill Text: NY S06215 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the imposition of penalties and administrative fees for toll evaders and establishes the crime of unlawful purchase, sale or possession of a license plate hiding device.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S06215 Detail]
Download: New_York-2013-S06215-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6215
I N S E N A T E
(PREFILED)
January 8, 2014
___________
Introduced by Sen. CARLUCCI -- 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 theft of services and
establishing the crime of unlawful purchase, sale or possession of a
license plate hiding device; to amend the public authorities law, in
relation to the imposition of penalties and administrative fees for
toll evaders; and to amend the vehicle and traffic law, in relation to
the suspension of a registration of a toll evader
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11711-03-4
S. 6215 2
1 person who has been previously convicted within five years of theft of
2 services under paragraph (a) of subdivision five of this section is a
3 class E felony.
4 S 2. The penal law is amended by adding a new section 165.75 to read
5 as follows:
6 S 165.75 UNLAWFUL PURCHASE, SALE OR POSSESSION OF A LICENSE PLATE HIDING
7 DEVICE.
8 A PERSON IS GUILTY OF UNLAWFUL PURCHASE, SALE OR POSSESSION OF A
9 LICENSE PLATE HIDING DEVICE WHEN HE OR SHE KNOWINGLY PURCHASES, SELLS OR
10 POSSESSES ANY DEVICE OR APPARATUS WITH THE INTENT TO USE SUCH DEVICE OR
11 APPARATUS TO HIDE THE APPEARANCE OF A LICENSE PLATE FROM AN E-ZPASS OR
12 ANY OTHER TOLL BOOTH CAMERA.
13 UNLAWFUL PURCHASE, SALE OR POSSESSION OF A LICENSE PLATE HIDING DEVICE
14 IS A CLASS A MISDEMEANOR.
15 S 3. Section 2985 of title 11 of article 9 of the public authorities
16 law is designated title 11-A and such title is amended by adding a new
17 title heading to read as follows:
18 TOLL COLLECTIONS
19 S 4. Subdivision 5 of section 2985 of the public authorities law, as
20 added by chapter 379 of the laws of 1992, is amended to read as follows:
21 5. An owner found liable for a violation of toll collection regu-
22 lations pursuant to this section shall for a first violation thereof be
23 liable for a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
24 or two times the toll evaded whichever is greater; for a second
25 violation thereof both within eighteen months be liable for a monetary
26 penalty not to exceed [one] TWO hundred dollars or five times the toll
27 evaded whichever is greater; for a third or subsequent violation thereof
28 all within eighteen months be liable for a monetary penalty not to
29 exceed [one] THREE hundred [fifty] dollars or ten times the toll evaded
30 whichever is greater. ONE-HALF OF SUCH MONETARY PENALTIES COLLECTED
31 SHALL BE PAID TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGULATIONS
32 WERE VIOLATED. IN ADDITION TO SUCH PENALTIES, THE OWNER SHALL ALSO BE
33 LIABLE TO THE PUBLIC AUTHORITY, WHOSE TOLL COLLECTION REGULATIONS WERE
34 VIOLATED, FOR FULL RESTITUTION OF TOLL REVENUES LOST AS A RESULT OF SUCH
35 VIOLATION.
36 S 5. Paragraph (b) of subdivision 7 of section 2985 of the public
37 authorities law, as added by chapter 379 of the laws of 1992, is amended
38 to read as follows:
39 (b) A notice of liability shall contain the name and address of the
40 person alleged to be liable as an owner for a violation of toll
41 collection regulations pursuant to this section, the registration number
42 of the vehicle involved in such violation, the location where such
43 violation took place, the date and time of such violation, THE TOLL
44 AMOUNT EVADED and the identification number of the photo-monitoring
45 system which recorded the violation or other document locator number.
46 S 6. Section 2985 of the public authorities law is amended by adding a
47 new subdivision 15 to read as follows:
48 15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT
49 TO THIS SECTION, EVERY PUBLIC AUTHORITY WHICH OPERATES A TOLL HIGHWAY,
50 BRIDGE AND/OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO
51 IMPOSE AN ADMINISTRATIVE FEE OR FEES, SUBJECT TO THE APPLICABLE REQUIRE-
52 MENTS OF THE STATE ADMINISTRATIVE PROCEDURE ACT, ON THE OWNER OF A VEHI-
53 CLE THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
54 S 7. Subdivision 4-d of section 510 of the vehicle and traffic law, as
55 added by chapter 379 of the laws of 1992, is amended to read as follows:
S. 6215 3
1 4-d. Suspension of registration for failure to answer or pay penalties
2 with respect to certain violations. Upon the receipt of a notification
3 from a court or an administrative tribunal, OR FROM A PUBLIC AUTHORITY,
4 OR ANY OTHER PUBLIC ENTITY IMPOSING SUCH VIOLATIONS, IN THE MANNER AND
5 FORM PRESCRIBED BY THE COMMISSIONER, that an owner of a motor vehicle
6 failed to appear on the return date or dates or a new subsequent
7 adjourned date or dates or failed to pay any penalty imposed by a court
8 or failed to comply with the rules and regulations of an administrative
9 tribunal following entry of a final decision or decisions, in response
10 to five or more notices of liability or other process, issued within an
11 eighteen month period charging such owner with a violation of toll
12 collection regulations in accordance with the provisions of section two
13 thousand nine hundred eighty-five of the public authorities law or
14 sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
15 seventy-four of the laws of nineteen hundred fifty, OR OTHER COMPARABLE
16 LAW, the commissioner or his OR HER agent shall suspend the registration
17 of the vehicle or vehicles involved in the violation or the privilege of
18 operation of any motor vehicle owned by the registrant. Such suspension
19 shall take effect no less than thirty days from the date on which notice
20 thereof is sent by the commissioner to the person whose registration or
21 privilege is suspended and shall remain in effect until such registrant
22 has appeared in response to such notices of liability or has paid such
23 penalty or in the case of an administrative tribunal, the registrant has
24 complied with the rules and regulations following the entry of a final
25 decision or decisions.
26 S 8. This act shall take effect on the first of November next succeed-
27 ing the date on which it shall have become a law.
