Bill Text: NY A01005 | 2019-2020 | General Assembly | Introduced
Bill Title: Creates the crime of theft of rental property or equipment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A01005 Detail]
Download: New_York-2019-A01005-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1005 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ 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 190.90 to 2 read as follows: 3 § 190.90 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. LBD04089-01-9A. 1005 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 § 2. The penal law is amended by adding a new section 190.95 to read 29 as follows: 30 § 190.95 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 orA. 1005 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 § 3. This act shall take effect on the thirtieth day after it shall 25 have become a law.
