Bill Text: NY A04855 | 2025-2026 | General Assembly | Introduced

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Bill Title: Provides that the theft of benefits contained on an electronic benefit transfer card shall be a class D felony punishable by a fine of ten thousand dollars.

Spectrum: Bipartisan Bill

Status: (Introduced) 2025-02-06 - referred to codes [A04855 Detail]

Download: New_York-2025-A04855-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4855

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 6, 2025
                                       ___________

        Introduced  by  M.  of  A.  CUNNINGHAM -- Multi-Sponsored by -- M. of A.
          BERGER, CHANG, KIM, MAHER -- read once and referred to  the  Committee
          on Codes

        AN  ACT  to  amend  the  penal law, in relation to the theft of benefits
          contained on an electronic benefit transfer card

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 155.35 of the penal law, as amended by section 5 of
     2  part  O  of  chapter 56 of the laws of 2024, subdivision 2 as separately
     3  amended by and subdivision 3 as added by section 2 of part FF of chapter
     4  55 of the laws of 2024 is amended to read as follows:
     5  § 155.35 Grand larceny in the third degree.
     6    A person is guilty of grand larceny in  the  third  degree  when  such
     7  person steals property and:
     8    1. when the value of the property exceeds three thousand dollars, or
     9    2.  the  property is an automated teller machine or the contents of an
    10  automated teller machine, or
    11    3. the property consists of retail goods or merchandise stolen  pursu-
    12  ant  to  a  common scheme or plan or a single, ongoing intent to deprive
    13  another or others of the property or to appropriate the property to  the
    14  actor  or  another  person  and  the value of the property exceeds three
    15  thousand dollars, which value may be determined by the  aggregate  value
    16  of all such property regardless of whether the goods or merchandise were
    17  stolen from the same owner. Nothing in this subdivision shall be read to
    18  limit  the ability to aggregate the value of any property or the ability
    19  to charge the larceny of  retail  goods  or  merchandise  under  another
    20  applicable provision of law[.], or
    21    [3.]  4.  when  such  person commits deed theft of one commercial real
    22  property, regardless of the value[.], or
    23    5. the property consists of any  benefits  on  an  electronic  benefit
    24  transfer card, regardless of value.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08652-01-5
        A. 4855                             2

     1    Grand larceny in the third degree is a class D felony.
     2    §  2. Section 80.00 of the penal law is amended by adding a new subdi-
     3  vision 8 to read as follows:
     4    8. Notwithstanding any inconsistent provision of subdivisions one  and
     5  three  of this section, the court shall impose a fine for a violation of
     6  subdivision five of section 155.35 of this chapter in the amount of  ten
     7  thousand  dollars;  and  for  each subsequent violation in the amount of
     8  fifteen thousand dollars.
     9    § 3. This act shall take effect immediately.