Bill Text: NY A01483 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the crime of public larceny.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A01483 Detail]

Download: New_York-2013-A01483-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1483
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. CYMBROWITZ, CASTRO -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in relation to establishing the crime  of
         public larceny
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 155.00 of the penal law is amended by adding a  new
    2  subdivision 10 to read as follows:
    3    10.  "UNAUTHORIZED  PURCHASES" MEANS ANY PURCHASE MADE BY MEANS OF ANY
    4  CREDIT OR DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD  NOT  AUTHOR-
    5  IZED  BY  THE EMPLOYER WHO ISSUED THE CARD OR ANY PURCHASE MADE BY MEANS
    6  OF ANY CREDIT OR DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD ISSUED
    7  BY AN EMPLOYER NOT CONSISTENT  WITH  THE  PROVISIONS  OF  THE  AGREEMENT
    8  SIGNED BY THE EMPLOYEE WHEN THE CARD WAS ISSUED TO THE EMPLOYEE.
    9    S  2.  The  penal  law  is amended by adding five new sections 155.50,
   10  155.55, 155.60, 155.65 and 155.70 to read as follows:
   11  S 155.50 PUBLIC LARCENY IN THE FIFTH DEGREE.
   12    A PERSON IS GUILTY OF PUBLIC LARCENY IN THE FIFTH DEGREE  WHEN  HE  OR
   13  SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
   14  OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE,  POSSESSING A CREDIT
   15  OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
   16  THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
   17  SERVICES.
   18    PUBLIC LARCENY IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
   19  S 155.55 PUBLIC LARCENY IN THE FOURTH DEGREE.
   20    A PERSON IS GUILTY OF PUBLIC LARCENY IN THE FOURTH DEGREE WHEN  HE  OR
   21  SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
   22  OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A  CREDIT
   23  OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05654-01-3
       A. 1483                             2
    1  THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
    2  SERVICES EXCEEDING ONE THOUSAND DOLLARS.
    3    PUBLIC LARCENY IN THE FOURTH DEGREE IS A CLASS E FELONY.
    4  S 155.60 PUBLIC LARCENY IN THE THIRD DEGREE.
    5    A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE THIRD DEGREE WHEN HE OR
    6  SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
    7  OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
    8  OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
    9  THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
   10  SERVICES EXCEEDING THREE THOUSAND DOLLARS.
   11    PUBLIC LARCENY IN THE THIRD DEGREE IS A CLASS D FELONY.
   12  S 155.65 PUBLIC LARCENY IN THE SECOND DEGREE.
   13    A PERSON IS GUILTY OF PUBLIC LARCENY IN THE SECOND DEGREE WHEN  HE  OR
   14  SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
   15  OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A  CREDIT
   16  OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-
   17  THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
   18  SERVICES EXCEEDING FIFTY THOUSAND DOLLARS.
   19    PUBLIC LARCENY IN THE SECOND DEGREE IS A CLASS C FELONY.
   20  S 155.70 PUBLIC LARCENY IN THE FIRST DEGREE.
   21    A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE FIRST DEGREE WHEN HE OR
   22  SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
   23  OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
   24  OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
   25  THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
   26  SERVICES EXCEEDING ONE HUNDRED THOUSAND DOLLARS.
   27    PUBLIC LARCENY IN THE FIRST DEGREE IS A CLASS B FELONY.
   28    S 3. This act shall take effect on the first of November next succeed-
   29  ing the date on which it shall have become a law.