Senate Bill S4841B

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

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

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
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

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
Versions Introduced in Other Legislative Sessions:
2019-2020: S1134, A4638
2021-2022: S581, S8115, A6119
2023-2024: S5099, A1929

2017-S4841A - 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-S4841A - Sponsor Memo

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.
              

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
Versions Introduced in Other Legislative Sessions:
2019-2020: S1134, A4638
2021-2022: S581, S8115, A6119
2023-2024: S5099, A1929

2017-S4841B - 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-S4841B - Sponsor Memo

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
Versions Introduced in Other Legislative Sessions:
2019-2020: S1134, A4638
2021-2022: S581, S8115, A6119
2023-2024: S5099, A1929

2017-S4841C (ACTIVE) - 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-S4841C (ACTIVE) - Sponsor Memo

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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.