Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2014 |
referred to codes |
Jun 21, 2013 |
committed to rules |
Jun 11, 2013 |
advanced to third reading |
Jun 10, 2013 |
2nd report cal. |
Jun 05, 2013 |
1st report cal.1161 |
May 01, 2013 |
referred to codes |
Senate Bill S4905
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
(D) Senate District
(R, C, IP) Senate District
2013-S4905 (ACTIVE) - Details
2013-S4905 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4905 TITLE OF BILL: An act to amend the penal law, in relation to the criminality of theft of rental property or equipment SUMMARY OF PROVISIONS: Section one amends the Penal Law by adding section 190.87 establishing criminal theft of rental property or equipment valued at less than five hundred dollars as a class A misdemeanor. 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. Section three makes the bill effective on the thirtieth day after it shall have become law. JUSTIFICATION: Rental equipment businesses are not only having trouble trying to collect the rental fees for their equipment, but the actual equipment. According to the American Rental Association (ARA), it is estimated that $1 billion worth of equipment is stolen each year in the United States.
2013-S4905 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4905 2013-2014 Regular Sessions I N S E N A T E May 1, 2013 ___________ Introduced by Sen. NOZZOLIO -- 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01470-01-3
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