NY State Senate Bill 2017-S4841C

Senate Bill S4841C

2017-2018 Legislative Session

Eliminates from the class A misdemeanor of theft of services certain transportation services and allows for community service in lieu of a civil penalty for certain thefts of transit services

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 08, 2018	print number 4841c
Feb 08, 2018	amend (t) and recommit to codes
Jan 03, 2018	referred to codes
Jul 24, 2017	print number 4841b
Jul 24, 2017	amend (t) and recommit to codes
Mar 13, 2017	print number 4841a
Mar 13, 2017	amend and recommit to codes
Mar 03, 2017	referred to codes

Bill Amendments

Original

C (Active)

2017-S4841 - Details

See Assembly Version of this Bill:: A9715
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §165.15, Pen L; amd §1209-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1134, A4638
2021-2022: S581, S8115, A6119
2023-2024: S5099, A1929

2017-S4841 - Summary

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

2017-S4841 - Sponsor Memo

                                 BILL NUMBER:  S4841

 TITLE OF BILL :

An act to amend the penal law, in relation to theft of transit
services

 PURPOSE :

The purpose of this legislation is decriminalize the offense of
farebeating. The offense would now be violation

 SUMMARY OF PROVISIONS :

Section 165.18 provision 1 states a person is guilty of theft of
transit service when on a railroad or subway service without payment
for transportation

Section 165.18 provision 2 states a person is guilty of theft of bus,
taxi, air or any other public transportation service without payment
for transportation.

 EXISTING LAW :

This would decriminalize the existing law

 JUSTIFICATION :

This bill will decriminalize transit thief, lowering the act to a
violation from a misdemeanor. Fare-evasion or transit thief rank
second for charges that lead to incarceration. The leading charge
being possession of a controlled substance. These arrests can change
an individual's life for the worst because a misdemeanor will remain
on a person record. If this bill is successful it will lower the
possibility for life long discrimination due to a criminal record, for
an offense as minuscule as fare-evasion. In addition, 92% of
fare-evasion arrest are people of color. Transit service thief
otherwise known as fare-evasion is a very miniscule offense and too
much police effort goes into policing it. If police wanted to stop
fear-evasion, a cop could simple stand near a turnstile and their
presents alone could prevent the offense. These minor offenses have
proven to be detrimental to people with employment that prohibit any
type of criminal offense, resulting in job lose. The authority would
still be able to recover funds from these individuals. Evidence has
shown Broken Windows policies to not be a deterrence to future and
worse crimes.

 LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

Possible savings to corrections costs

 EFFECTIVE DATE :
Immediately

2017-S4841 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4841
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- 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 theft of transit services
 
   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 165.18 to
 read as follows:
 § 165.18 THEFT OF TRANSIT SERVICES. A PERSON IS GUILTY OF THEFT OF TRAN-
            SIT SERVICES WHEN:
   1. WITH INTENT TO OBTAIN RAILROAD OR SUBWAY SERVICE WITHOUT PAYMENT OF
 THE LAWFUL CHARGE THEREFOR, OR TO AVOID PAYMENT OF THE LAWFUL CHARGE FOR
 SUCH TRANSPORTATION SERVICE WHICH HAS BEEN RENDERED TO HIM OR HER, HE OR
 SHE OBTAINS OR ATTEMPTS TO OBTAIN SUCH SERVICE OR AVOIDS OR ATTEMPTS  TO
 AVOID  PAYMENT  THEREFOR  BY  FORCE, INTIMIDATION, STEALTH, DECEPTION OR
 MECHANICAL TAMPERING, OR BY UNJUSTIFIABLE FAILURE OR REFUSAL TO PAY; OR
   2. WITH INTENT TO OBTAIN BUS, AIR, TAXI OR ANY OTHER PUBLIC  TRANSPOR-
 TATION  SERVICE  WITHOUT  PAYMENT  OF  THE LAWFUL CHARGE THEREFOR, OR TO
 AVOID PAYMENT OF THE LAWFUL CHARGE FOR SUCH TRANSPORTATION SERVICE WHICH
 HAS BEEN RENDERED TO HIM OR HER, HE OR SHE OBTAINS OR ATTEMPTS TO OBTAIN
 SUCH SERVICE OR AVOIDS OR ATTEMPTS TO AVOID PAYMENT THEREFOR  BY  FORCE,
 INTIMIDATION, STEALTH, DECEPTION OR MECHANICAL TAMPERING, OR BY UNJUSTI-
 FIABLE FAILURE OR REFUSAL TO PAY;
   THEFT OF TRANSIT SERVICES IS A CLASS B MISDEMEANOR.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08514-01-7

2017-S4841A - Details

See Assembly Version of this Bill:: A9715
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §165.15, Pen L; amd §1209-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1134, A4638
2021-2022: S581, S8115, A6119
2023-2024: S5099, A1929

2017-S4841A - Summary

2017-S4841A - Sponsor Memo

                                 BILL NUMBER:  S4841A

 TITLE OF BILL :

An act to amend the penal law, in relation to theft of transit
services

 PURPOSE :

The purpose of this legislation is decriminalize the offense of
farebeating. The offense would now be violation

 SUMMARY OF PROVISIONS :

Section 165.18 provision 1 states a person is guilty of theft of
transit service when on a railroad or subway service without payment
for transportation

Section 165.18 provision 2 states a person is guilty of theft of bus,
taxi, air or any other public transportation service without payment
for transportation.

 EXISTING LAW :

This would decriminalize the existing law

 JUSTIFICATION :

This bill will decriminalize transit thief, lowering the act to a
violation from a misdemeanor. Fare-evasion or transit thief rank
second for charges that lead to incarceration. The leading charge
being possession of a controlled substance. These arrests can change
an individual's life for the worst because a misdemeanor will remain
on a person record. If this bill is successful it will lower the
possibility for life long discrimination due to a criminal record, for
an offense as minuscule as fare-evasion. In addition, 92 % of
farebeating arrest are people of color. Transit service thief
otherwise known as fare-evasion is a very miniscule offense and too
much police effort goes into policing it. If police wanted to stop
fear-evasion, a cop could simple stand near a turnstile and their
presents alone could prevent the offense. These minor offenses have
detrimental to people with employment that prohibit any type of
criminal offense resulting in job lose. The authority would still be
able to recover funds from these individuals. Evidence has shown
Broken Windows policies to not be a deterrence to future and worse
crimes.

 LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

Possible savings to corrections costs

 EFFECTIVE DATE :
Immediately

2017-S4841A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4841--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation to theft of transit services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain [railroad, subway,] bus,  air,  taxi  or  any
 other public transportation service without payment of the lawful charge
 therefor,  or to avoid payment of the lawful charge for such transporta-
 tion service which has been rendered to him, he obtains or  attempts  to
 obtain  such  service or avoids or attempts to avoid payment therefor by
 force, intimidation, stealth, deception or mechanical tampering,  or  by
 unjustifiable failure or refusal to pay; or
   §  2.  The penal law is amended by adding a new section 165.18 to read
 as follows:
 § 165.18 THEFT OF TRANSIT SERVICES.
   A PERSON IS GUILTY OF THEFT OF TRANSIT SERVICES WHEN  WITH  INTENT  TO
 OBTAIN  RAILROAD  OR SUBWAY SERVICE WITHOUT PAYMENT OF THE LAWFUL CHARGE
 THEREFOR, OR TO AVOID PAYMENT OF THE LAWFUL CHARGE FOR SUCH  TRANSPORTA-
 TION SERVICE WHICH HAS BEEN RENDERED TO HIM OR HER, HE OR SHE OBTAINS OR
 ATTEMPTS  TO  OBTAIN SUCH SERVICE OR AVOIDS OR ATTEMPTS TO AVOID PAYMENT
 THEREFOR  BY  FORCE,  INTIMIDATION,  STEALTH,  DECEPTION  OR  MECHANICAL
 TAMPERING, OR BY UNJUSTIFIABLE FAILURE OR REFUSAL TO PAY.
   THEFT  OF TRANSIT SERVICES IS A VIOLATION, PROVIDED HOWEVER, WHERE THE
 DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF THIS OFFENSE WITHIN THE THREE
 YEARS IMMEDIATELY PRECEDING SUCH VIOLATION, IT SHALL BE PUNISHABLE BY  A
 FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08514-03-7

2017-S4841B - Details

See Assembly Version of this Bill:: A9715
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §165.15, Pen L; amd §1209-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1134, A4638
2021-2022: S581, S8115, A6119
2023-2024: S5099, A1929

2017-S4841B - Summary

2017-S4841B - Sponsor Memo

                                 BILL NUMBER:  S4841B

 TITLE OF BILL :

An act to amend the penal law, in relation to theft of certain transit
services

 PURPOSE :

The purpose of this legislation is decriminalize the offense of
fare-evasion for a person who fails to pay the fare for using a bus,
subway or train. Instead, persons who fail to pay the fare would be
subject to existing civil adjudication proceedings resulting in a fine
being assessed.

 SUMMARY OF PROVISIONS :

Section 1 of the bill removes subway, railroad and bus from the theft
of services statute under section 165.15 of the penal law. A person
who intentionally uses the subway, railroad or bus without payment
would no longer be subject to a class A misdemeanor.

Section 2 of the bill states that the Act shall take effect
immediately.

 JUSTIFICATION :

This bill will decriminalize transit theft involving the use of
railroad, subway or bus without payment. Fare-evasion or transit theft
is the second most common charge that leads to incarceration.  The
resulting criminal record has collateral consequences that affect a
person's ability to obtain employment and education.

Fare evasion arrests disproportionately affect people of color with
92% of farebeating arrests being people of color. In 2015, 29,198
arrests were made in the City of New York related to theft of
services. Time are resources by law enforcement can be better spent on
more serious crimes instead of arrests and prosecution for fare
evasion. Fare evasion should be handled as a civil summons by the
MTA's Transit Adjudication Bureau or by the adjudication bureau of the
municipality where the theft of services occurred.

 LEGISLATIVE HISTORY :

Introduced 3/3/17 - referred to Codes

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
Immediately

2017-S4841B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4841--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the penal 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:
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain [railroad, subway, bus], air[,] OR  taxi  [or
 any  other  public transportation] service without payment of the lawful
 charge therefor, or to avoid payment  of  the  lawful  charge  for  such
 transportation  service  which  has  been rendered to him, he obtains or
 attempts to obtain such service or avoids or attempts to  avoid  payment
 therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
 tampering, or by unjustifiable failure or refusal to pay; or
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08514-04-7

co-Sponsors

2017-S4841C (ACTIVE) - Details

See Assembly Version of this Bill:: A9715
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §165.15, Pen L; amd §1209-a, Pub Auth L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1134, A4638
2021-2022: S581, S8115, A6119
2023-2024: S5099, A1929

2017-S4841C (ACTIVE) - Summary

2017-S4841C (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4841C

SPONSOR: HAMILTON
 
TITLE OF BILL:  An act to amend the penal law and the public authori-
ties law, in relation to theft of certain transit services

 
PURPOSE:

The purpose of this legislation is decriminalize the offense of fare-
beating. The offense would now be violation

 
SUMMARY OF PROVISIONS:

Section 165.18 provision 1 states a person is guilty of theft of transit
service when on a railroad or subway service without payment for trans-
portation

Section 2 provision for an option for low-income individuals to do
community service instead of paying a civil fine.

EXISTING LAW:

This would decriminalize the existing law

 
JUSTIFICATION:

This bill will decriminalize transit thief, lowering the act to a
violation from a misdemeanor. Fare-evasion or transit thief rank second
for charges that lead to incarceration. The leading charge being
possession of a controlled substance. These arrests can change an indi-
vidual's life for the worst because a misdemeanor will remain on a
person record. If this bill is successful it will lower the possibility
for life long discrimination due to a criminal record, for an offense as
minuscule as fare-evasion. In addition, 92 % of farebeating arrest are
people of color. Transit service thief otherwise known as fare-evasion
is a very miniscule offense and too much police effort goes into polic-
ing it. If police wanted to stop fear-evasion, a cop could simple stand
near a turnstile and their presents alone could prevent the offense.
These minor offenses have detrimental to people with employment that
prohibit any type of criminal offense resulting in job lose. The author-
ity would still be able to recover funds from these individuals.
Evidence has shown Broken Windows policies to not be a deterrence to
future and worse crimes.

 
LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

Possible savings to corrections costs

 
LOCAL FISCAL IMPLICATIONS:

Possible savings to corrections costs

 
EFFECTIVE DATE:
Immediately

2017-S4841C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4841--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by Sen. HAMILTON -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 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:
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3.  With  intent to obtain [railroad, subway, bus,] air[,] OR taxi [or
 any other public transportation] service without payment of  the  lawful
 charge  therefor,  or  to  avoid  payment  of the lawful charge for such
 transportation service which has been rendered to  him,  he  obtains  or
 attempts  to  obtain such service or avoids or attempts to avoid payment
 therefor  by  force,  intimidation,  stealth,  deception  or  mechanical
 tampering, or by unjustifiable failure or refusal to pay; or
   §  2.  Paragraph  b  of  subdivision 4 of section 1209-a of the public
 authorities law, as amended by chapter 460  of  the  laws  of  2015,  is
 amended to read as follows:
   b.  To  impose  civil  penalties  not to exceed a total of one hundred
 fifty dollars for any transit infraction  within  its  jurisdiction,  in
 accordance  with  a penalty schedule established by the authority or the
 metropolitan transportation authority or a subsidiary thereof, as appli-
 cable, except that FOR PENALTIES FOR THEFT OF  SERVICES,  THE  DEFENDANT
 MAY  ELECT  TO  PERFORM  COMMUNITY SERVICE IN ACCORDANCE WITH A SCHEDULE
 ESTABLISHED BY THE AUTHORITY AS AN ALTERNATIVE TO PAYMENT OF  THE  CIVIL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08514-06-8

 S. 4841--C                          2
 
 PENALTY  IF  SUCH  DEFENDANT  IS A MINOR OR HAS A HOUSEHOLD INCOME AT OR
 BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE, AND  penal-
 ties  for violations of the health code of the city of New York shall be
 in  accordance with the penalties established for such violations by the
 board of health of the city of New York, and penalties for violations of
 the noise code of the city of New York shall be in accordance  with  the
 penalties  established  for  such violations by law, and civil penalties
 for violations of the rules and regulations of the triborough bridge and
 tunnel authority shall be in accordance with the  penalties  established
 for  such  violations by section twenty-nine hundred eighty-five of this
 chapter;
   § 3. This act shall take effect immediately.

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