Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 11, 2010 |
held for consideration in codes |
Mar 03, 2010 |
referred to codes |
Assembly Bill A10074
2009-2010 Legislative Session
Sponsored By
KOLB
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A10074 (ACTIVE) - Details
2009-A10074 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10074 TITLE OF BILL: An act to amend the penal law, in relation to the crimi- nality of theft of rental property or equipment PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the penal law to add new sections thereto relating specifically to crimes involving rental property. SUMMARY OF PROVISIONS: Section one amends the Penal Law by adding section 190.87 establishing theft of rental property or equipment valued at less than. five hundred dollars as a class A misdemeanor. Specif- ically, this section of the bill makes it a crime for individuals to knowingly: (a) obtain custody of personal property or equipment by trick, deceit, fraud or willful false representation with intent to defraud the equipment; (b) hire or lease personal property or equipment from any person who is in lawful possession of the personal property or equipment with the intent to defraud such person of the rental due under the rental agreement; (c) abandon or willfully refuse to redeliver personal property as required under a rental agreement without the consent of the lessor or the lessor's agent, with intent to defraud the lessor or the lessor's agent. Section two amends the Penal Law by adding section 190.88 establishing criminal theft of rental property or equipment valued at five hundred dollars or more as a class E felony. Pursuant to this section, it is a
2009-A10074 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10074 I N A S S E M B L Y March 3, 2010 ___________ 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: Section 1. The penal law is amended by adding a new section 190.87 to read as follows: S 190.87 CRIMINAL THEFT OF RENTAL PROPERTY OR EQUIPMENT VALUED AT LESS THAN FIVE HUNDRED DOLLARS. 1. A PERSON IS GUILTY OF CRIMINAL THEFT OF RENTAL PROPERTY OR EQUIP- MENT VALUED AT LESS THAN FIVE HUNDRED DOLLARS WHEN HE OR SHE KNOWINGLY: (A) OBTAINS CUSTODY OF PERSONAL PROPERTY OR EQUIPMENT BY TRICK, DECEIT, FRAUD OR WILLFUL FALSE REPRESENTATION WITH INTENT TO DEFRAUD THE OWNER OR ANY PERSON IN LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR EQUIPMENT; (B) HIRES OR LEASES PERSONAL PROPERTY OR EQUIPMENT FROM ANY PERSON WHO IS IN LAWFUL POSSESSION OF THE PERSONAL PROPERTY OR EQUIPMENT WITH THE INTENT TO DEFRAUD SUCH PERSON OF THE RENTAL DUE UNDER THE RENTAL AGREE- MENT; (C) ABANDONS OR WILLFULLY REFUSES TO REDELIVER PERSONAL PROPERTY AS REQUIRED UNDER A RENTAL AGREEMENT WITHOUT THE CONSENT OF THE LESSOR OR THE LESSOR'S AGENT, WITH INTENT TO DEFRAUD THE LESSOR OR THE LESSOR'S AGENT. 2. UNDER THIS SECTION, THE FOLLOWING ACTS ARE CONSIDERED PRIMA FACIE EVIDENCE OF FRAUDULENT INTENT: (A) OBTAINING THE PROPERTY OR EQUIPMENT UNDER FALSE PRETENSES; (B) ABSCONDING WITHOUT PAYMENT; (C) REMOVING OR ATTEMPTING TO REMOVE THE PROPERTY OR EQUIPMENT FROM THE COUNTY WITHOUT THE EXPRESS WRITTEN CONSENT OF THE LESSOR OR LESSOR'S AGENT; OR (D) FAILING TO PAY ANY AMOUNT DUE WHICH HAS INCURRED AS THE RESULT OF FAILURE TO REDELIVER PROPERTY OR EQUIPMENT AFTER THE RENTAL PERIOD EXPIRES. AMOUNTS DUE MAY INCLUDE UNPAID RENTAL FEES FOR THE TIME PERIOD EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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