NY State Senate Bill 2011-S4400

Archive: Last Bill Status - In Senate Committee Codes 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes returned to senate died in assembly
Jun 15, 2011	referred to codes delivered to assembly passed senate
Jun 14, 2011	advanced to third reading
Jun 13, 2011	2nd report cal.
Jun 07, 2011	1st report cal.1069
Apr 04, 2011	referred to codes

Votes

- Jun 15, 2011 - Floor Vote
  S4400
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2011
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (3)
      
      Duane
      
      Montgomery
      
      Parker
  Jun 7, 2011 - Codes Committee Vote
  S4400
  
  14
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 7, 2011
      
      aye (14)
      
      DeFrancisco
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Saland
      
      Squadron
      
      nay (1)
      
      Parker
      
      aye wr (1)
      
      Duane

co-Sponsors

2011-S4400 (ACTIVE) - Details

See Assembly Version of this Bill:: A2940
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §155.00, add §§155.50, 155.55, 155.60, 155.65 & 155.70, Pen L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4171, A4156
2013-2014: S1189, A1483
2015-2016: S2059, A1290
2017-2018: A3667
2019-2020: A5127

2011-S4400 (ACTIVE) - Summary

Establishes the crime of public larceny.

2011-S4400 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4400

TITLE OF BILL:

An act
to amend the penal law, in relation to establishing the crime of public
larceny

PURPOSE OR GENERAL IDEA OF BILL:

To deter and punish the abuse of publicly-issued credit cards.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends §155.00 of the Penal Law by adding a
new subdivision 10 defining "unauthorized purchases."

Section two of the bill adds five new sections, 155.50, 155.55, 155.60,
155.65, and 155.70 to the Penal Law creating the new crime of Public
Larceny in 5 degrees.

Section three is the effective date.

JUSTIFICATION:

A recent case involving two employees of state group homes for

developmentally disabled adults illustrates the need for this change
to the Penal Law. The two employees had been issued state gasoline
credit cards for use in relation to the performance of their jobs.
Over the course of nine months the two, along with a girlfriend, were
recorded misusing the state card 42 times, filling their own and
others' vehicles, for a total of more than $19,000. The three were
arrested and charged with 4th degree larceny, an E felony. While the
state agency involved in the theft promised to take immediate action
to have greater control over the use of credit cards, the charge and
disposition of this case is inadequate to deter this kind of crime
and punish it when it occurs.
The nature of the offense needs to be more specifically defined when it
involves the misuse of a legally obtained and possessed credit or
debit card. Prosecutors are ill-equipped, under the current statute,
to fully charge defendants in a way that accurately reflects true
scope of the crime. In addition, recent reports concerning the abuse
of federal credit and debit cards, while not within the orbit of this
Legislature to regulate, demonstrates the constant temptations around
the use of publicly-issued cards and the need to better protect the
public purse.

PRIOR LEGISLATIVE HISTORY:

2008: Passed Senate/Assembly Codes Committee
2009: Senate Codes
2010: Senate Codes; Notice of Committee Consideration Requested;
Advanced to Third Reading

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2011-S4400 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4400

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. Section 155.00 of the penal law is amended by adding a  new
subdivision 10 to read as follows:
  10.  "UNAUTHORIZED  PURCHASES" MEANS ANY PURCHASE MADE BY MEANS OF ANY
CREDIT OR DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD  NOT  AUTHOR-
IZED  BY  THE EMPLOYER WHO ISSUED THE CARD OR ANY PURCHASE MADE BY MEANS
OF ANY CREDIT OR DEBIT CHARGE MADE AGAINST A CREDIT OR DEBIT CARD ISSUED
BY AN EMPLOYER NOT CONSISTENT  WITH  THE  PROVISIONS  OF  THE  AGREEMENT
SIGNED BY THE EMPLOYEE WHEN THE CARD WAS ISSUED TO THE EMPLOYEE.
  S  2.  The  penal  law  is amended by adding five new sections 155.50,
155.55, 155.60, 155.65 and 155.70 to read as follows:
S 155.50 PUBLIC LARCENY IN THE FIFTH DEGREE.
  A PERSON IS GUILTY OF PUBLIC LARCENY IN THE FIFTH DEGREE  WHEN  HE  OR
SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE,  POSSESSING A CREDIT
OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
SERVICES.
  PUBLIC LARCENY IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
S 155.55 PUBLIC LARCENY IN THE FOURTH DEGREE.
  A PERSON IS GUILTY OF PUBLIC LARCENY IN THE FOURTH DEGREE WHEN  HE  OR
SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A  CREDIT
OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-
THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
SERVICES EXCEEDING ONE THOUSAND DOLLARS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07786-01-1

S. 4400                             2

  PUBLIC LARCENY IN THE FOURTH DEGREE IS A CLASS E FELONY.
S 155.60 PUBLIC LARCENY IN THE THIRD DEGREE.
  A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE THIRD DEGREE WHEN HE OR
SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
SERVICES EXCEEDING THREE THOUSAND DOLLARS.
  PUBLIC LARCENY IN THE THIRD DEGREE IS A CLASS D FELONY.
S 155.65 PUBLIC LARCENY IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF PUBLIC LARCENY IN THE SECOND DEGREE WHEN  HE  OR
SHE  IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE
OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A  CREDIT
OR  DEBIT  CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON MAKES UNAU-
THORIZED PURCHASES USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR  GOODS  AND
SERVICES EXCEEDING FIFTY THOUSAND DOLLARS.
  PUBLIC LARCENY IN THE SECOND DEGREE IS A CLASS C FELONY.
S 155.70 PUBLIC LARCENY IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF PUBLIC LARCENY IN THE FIRST DEGREE WHEN HE OR
SHE IS AN EMPLOYEE OF THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE
OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE, POSSESSING A CREDIT
OR DEBIT CARD ISSUED BY HIS OR HER EMPLOYER AND THE PERSON  MAKES  UNAU-
THORIZED  PURCHASES  USING  SUCH  CREDIT  OR  DEBIT  CARD  FOR GOODS AND
SERVICES EXCEEDING ONE HUNDRED THOUSAND DOLLARS.
  PUBLIC LARCENY IN THE FIRST DEGREE IS A CLASS B FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S4400

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Jun 15, 2011 - Floor Vote

Floor Vote: Jun 15, 2011

Jun 7, 2011 - Codes Committee Vote

Codes Committee Vote: Jun 7, 2011

co-Sponsors

2011-S4400 (ACTIVE) - Details

2011-S4400 (ACTIVE) - Summary

2011-S4400 (ACTIVE) - Sponsor Memo

2011-S4400 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4400

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Michael H. Ranzenhofer

2011-S4400 (ACTIVE) - Details

2011-S4400 (ACTIVE) - Summary

2011-S4400 (ACTIVE) - Sponsor Memo

2011-S4400 (ACTIVE) - Bill Text download pdf

Comments