Bill Text: NY S05099 | 2023-2024 | General Assembly | Introduced

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Bill Title: Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services; allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S05099 Detail]

Download: New_York-2023-S05099-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5099

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 22, 2023
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes

        AN ACT to amend the  penal  law  and  the  public  authorities  law,  in
          relation to theft of certain transit services

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

     1    Section 1. Subdivision 3 of section 165.15 of the penal law is amended
     2  to read as follows:
     3    3. With intent to obtain [railroad, subway, bus,] air[,] or  taxi  [or
     4  any  other  public transportation] service without payment of the lawful
     5  charge therefor, or to avoid payment  of  the  lawful  charge  for  such
     6  transportation  service  which  has  been rendered to him, he obtains or
     7  attempts to obtain such service or avoids or attempts to  avoid  payment
     8  therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
     9  tampering, or by unjustifiable failure or refusal to pay; or
    10    § 2. Paragraph b of subdivision 4 of  section  1209-a  of  the  public
    11  authorities  law,  as  amended  by  chapter  460 of the laws of 2015, is
    12  amended to read as follows:
    13    b. To impose civil penalties not to exceed  a  total  of  one  hundred
    14  fifty  dollars  for  any  transit infraction within its jurisdiction, in
    15  accordance with a penalty schedule established by the authority  or  the
    16  metropolitan transportation authority or a subsidiary thereof, as appli-
    17  cable,  except  that  for penalties for theft of services, the defendant
    18  may elect to perform community service in  accordance  with  a  schedule
    19  established  by  the authority as an alternative to payment of the civil
    20  penalty if such defendant is a minor or has a  household  income  at  or
    21  below  two hundred fifty percent of the federal poverty line, and penal-
    22  ties for violations of the health code of the city of New York shall  be
    23  in  accordance with the penalties established for such violations by the
    24  board of health of the city of New York, and penalties for violations of
    25  the noise code of the city of New York shall be in accordance  with  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01149-01-3
        S. 5099                             2

     1  penalties  established  for  such violations by law, and civil penalties
     2  for violations of the rules and regulations of the triborough bridge and
     3  tunnel authority shall be in accordance with the  penalties  established
     4  for  such  violations by section twenty-nine hundred eighty-five of this
     5  chapter;
     6    § 3. This act shall take effect immediately.