NY State Senate Bill 2017-S6175B

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
Jan 03, 2018	referred to codes
Jun 08, 2017	print number 6175b
Jun 08, 2017	amend and recommit to codes
Jun 01, 2017	print number 6175a
Jun 01, 2017	amend and recommit to codes
May 11, 2017	referred to codes

Bill Amendments

Original

B (Active)

2017-S6175 - Details

See Assembly Version of this Bill:: A8560
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §165.03, amd §165.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:: A122

2017-S6175 - Summary

Establishes the crime of misapplication of construction rental equipment.

2017-S6175 - Sponsor Memo

                                 BILL NUMBER:  S6175

 TITLE OF BILL :  An act to amend the penal law, in relation to
misapplication of construction rental equipment and theft of services

 PURPOSE OR GENERAL IDEA OF BILL :

To provide a provision in the penal law to explicitly address the
misapplication of construction rental equipment and theft of services.

 SUMMARY OF PROVISIONS :

Section 1. The penal law is amended by adding a new section 165.03,
which outlines the misapplication of construction and rental
equipment.

Section 2. Section 165.15 of the penal is amended by adding a new
subdivision 12.

Section 3. This act shall take effect on the thirtieth day after it
shall have become a law.

 JUSTIFICATION :

Construction rental equipment companies in New York State are
experiencing a rise in rental thefts. As they are in the business of

renting out equipment, when a theft occurs not only are they deprived
of the equipment and need to spend significant sums to replace it, but
they are also deprived of current and future revenue.

Construction equipment theft is a significant problem throughout the
state of New York, as the National Insurance Crime Bureau estimates
that more than $1 billion worth of equipment is stolen each year.
This includes heavy equipment such as backhoes, forklifts, generators
etc. that businesses have spent thousands to purchase.

This legislation will provide law enforcement with a clear enforcement
tool against those who knowingly steal construction rental equipment
in an effort to deter this behavior.

Small businesses in New York State play a large role in supporting the
State's economy and every effort should be made to protect their
resources so that they can continue to grow and prosper.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S6175 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6175
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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  misapplication  of
   construction rental equipment and theft of 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 165.03  to
 read as follows:
 § 165.03 MISAPPLICATION OF CONSTRUCTION RENTAL EQUIPMENT.
   1.  A PERSON IS GUILTY OF MISAPPLICATION OF CONSTRUCTION RENTAL EQUIP-
 MENT WHEN, KNOWINGLY POSSESSING CONSTRUCTION RENTAL EQUIPMENT OF ANOTHER
 PURSUANT TO AN AGREEMENT THAT THE SAME WILL BE RETURNED TO THE OWNER  AT
 A FUTURE TIME,
   (A)  HE  OR  SHE  LOANS, LEASES, PLEDGES, PAWNS OR OTHERWISE ENCUMBERS
 SUCH PROPERTY WITHOUT THE CONSENT OF THE OWNER THEREOF IN SUCH MANNER AS
 TO CREATE A RISK THAT THE OWNER WILL NOT BE ABLE TO RECOVER IT  OR  WILL
 SUFFER PECUNIARY LOSS; OR
   (B)  HE  OR  SHE  INTENTIONALLY  REFUSES TO RETURN CONSTRUCTION RENTAL
 EQUIPMENT VALUED IN EXCESS OF ONE HUNDRED DOLLARS TO THE OWNER  PURSUANT
 TO  THE TERMS OF THE RENTAL AGREEMENT PROVIDED THAT THE OWNER SHALL HAVE
 MADE A WRITTEN DEMAND FOR THE RETURN OF SUCH EQUIPMENT IN PERSON  OR  BY
 CERTIFIED MAIL AT AN ADDRESS INDICATED IN THE RENTAL AGREEMENT AND HE OR
 SHE INTENTIONALLY REFUSES TO RETURN SUCH EQUIPMENT FOR A PERIOD OF THIR-
 TY  DAYS  AFTER  SUCH DEMAND HAS BEEN RECEIVED OR SHOULD REASONABLY HAVE
 BEEN RECEIVED. SUCH WRITTEN DEMAND SHALL STATE: (I) THE DATE AND TIME AT
 WHICH THE EQUIPMENT WAS TO HAVE BEEN RETURNED UNDER  THE  RENTAL  AGREE-
 MENT;  (II) THAT THE OWNER DOES NOT CONSENT TO THE CONTINUED WITHHOLDING
 OR RETAINING OF SUCH EQUIPMENT AND DEMANDS ITS RETURN;  AND  (III)  THAT
 THE CONTINUED WITHHOLDING OR RETAINING OF THE EQUIPMENT MAY CONSTITUTE A
 CLASS  E FELONY PUNISHABLE BY A FINE OF UP TO TWO THOUSAND DOLLARS OR BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11411-02-7

 S. 6175                             2
 
 A SENTENCE TO A TERM OF IMPRISONMENT FOR A PERIOD OF UP TO ONE  YEAR  OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   2. AS USED IN THIS SECTION, THE TERMS OWNER AND RENTAL AGREEMENT SHALL
 BE  DEFINED AS IN SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-W
 OF THE GENERAL BUSINESS LAW, AS ADDED BY CHAPTER THREE HUNDRED  SEVENTY-
 TWO  OF  THE  LAWS OF NINETEEN NINETY-FIVE. THE TERM CONSTRUCTION RENTAL
 EQUIPMENT SHALL MEAN ANY  EQUIPMENT  OR  TOOLS  GENERALLY  USED  IN  THE
 CONSTRUCTION  TRADE  AND  RENTED  TO  AN INDIVIDUAL OR BUSINESS FOR SUCH
 PURPOSE UNDER SUCH TERMS AS ARE AGREED UPON IN WRITING BY THE PARTIES TO
 SUCH AGREEMENT.
   3. IN ANY PROSECUTION UNDER PARAGRAPH (A) OF SUBDIVISION ONE  OF  THIS
 SECTION,  IT  IS  A  DEFENSE  THAT,  AT  THE  TIME  THE  PROSECUTION WAS
 COMMENCED, (A) THE DEFENDANT HAD RECOVERED POSSESSION OF  THE  EQUIPMENT
 WITHIN THE TIME SPECIFIED IN THE ORIGINAL RENTAL AGREEMENT OR ANY AMEND-
 MENT  THERETO, UNENCUMBERED AS A RESULT OF THE UNLAWFUL DISPOSITION, AND
 (B) THE OWNER HAD SUFFERED NO MATERIAL ECONOMIC LOSS AS A RESULT OF  THE
 UNLAWFUL DISPOSITION.
   4.  IN  ANY PROSECUTION UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
 SECTION, IT IS A DEFENSE THAT AT THE TIME THE PROSECUTION WAS COMMENCED,
 (A) THE OWNER HAD RECOVERED POSSESSION OF THE EQUIPMENT AND SUFFERED  NO
 MATERIAL ECONOMIC LOSS AS A RESULT OF THE UNLAWFUL RETENTION; OR (B) THE
 OWNER  FAILED  TO  COMPLY  WITH  THE PROVISIONS OF SECTION THREE HUNDRED
 NINETY-NINE-W OF THE GENERAL BUSINESS LAW, AS  ADDED  BY  CHAPTER  THREE
 HUNDRED SEVENTY-TWO OF THE LAWS OF NINETEEN NINETY-FIVE.
   MISAPPLICATION OF CONSTRUCTION RENTAL EQUIPMENT IS A CLASS E FELONY.
   § 2. Section 165.15 of the penal law is amended by adding a new subdi-
 vision 12 to read as follows:
   12.    OBTAINING OR HAVING CONTROL OVER COMMERCIAL CONSTRUCTION RENTAL
 EQUIPMENT OF ANOTHER PERSON OR ENTITY PURSUANT TO A RENTAL AGREEMENT, HE
 OR SHE FAILS TO RETURN SUCH EQUIPMENT TO THE OWNER THEREOF ON  THE  DATE
 SPECIFIED FOR RETURN IN SUCH RENTAL AGREEMENT.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2017-S6175A - Details

See Assembly Version of this Bill:: A8560
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §165.03, amd §165.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:: A122

2017-S6175A - Summary

Establishes the crime of misapplication of construction rental equipment.

2017-S6175A - Sponsor Memo

                                 BILL NUMBER:  S6175A

 TITLE OF BILL :

An act to amend the penal law, in relation to misapplication of
construction rental equipment and theft of services

 PURPOSE OR GENERAL IDEA OF BILL :

To provide a provision in the penal law to explicitly address the
misapplication of construction rental equipment and theft of services.

 SUMMARY OF PROVISIONS :

Section 1. The penal law is amended by adding a new section 165.03,
which outlines the misapplication of construction and rental
equipment.

Section 2. Section 165.15 of the penal is amended by adding a new
subdivision 12. Section 3. This act shall take effect on the thirtieth
day after it shall have become a law.

 JUSTIFICATION :

Construction rental equipment companies in New York State are
experiencing a rise in rental thefts. As they are in the business of

renting out equipment, when a theft occurs not only are they deprived
of the equipment and need to spend significant sums to replace it, but
they are also deprived of current and future revenue.

Construction equipment theft is a significant problem throughout the
state of New York, as the National Insurance Crime Bureau estimates
that more than $1 billion worth of equipment is stolen each year.
This includes heavy equipment such as backhoes, forklifts, generators
etc. that businesses have spent thousands to purchase.

This legislation will provide law enforcement with a clear enforcement
tool against those who knowingly steal construction rental equipment
in an effort to deter this behavior.

Small businesses in New York State play a large role in supporting the
State's economy and every effort should be made to protect their
resources so that they can continue to grow and prosper.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S6175A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6175--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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 misapplication of
   construction rental equipment and theft of 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 165.03 to
 read as follows:
 § 165.03 MISAPPLICATION OF CONSTRUCTION RENTAL EQUIPMENT.
   1. A PERSON IS GUILTY OF MISAPPLICATION OF CONSTRUCTION RENTAL  EQUIP-
 MENT WHEN, KNOWINGLY POSSESSING CONSTRUCTION RENTAL EQUIPMENT OF ANOTHER
 PURSUANT  TO AN AGREEMENT THAT THE SAME WILL BE RETURNED TO THE OWNER AT
 A FUTURE TIME,
   (A) HE OR SHE LOANS, LEASES, PLEDGES,  PAWNS  OR  OTHERWISE  ENCUMBERS
 SUCH PROPERTY WITHOUT THE CONSENT OF THE OWNER THEREOF IN SUCH MANNER AS
 TO  CREATE  A RISK THAT THE OWNER WILL NOT BE ABLE TO RECOVER IT OR WILL
 SUFFER PECUNIARY LOSS; OR
   (B) HE OR SHE INTENTIONALLY  REFUSES  TO  RETURN  CONSTRUCTION  RENTAL
 EQUIPMENT  VALUED IN EXCESS OF ONE HUNDRED DOLLARS TO THE OWNER PURSUANT
 TO THE TERMS OF THE RENTAL AGREEMENT PROVIDED THAT THE OWNER SHALL  HAVE
 MADE  A  WRITTEN DEMAND FOR THE RETURN OF SUCH EQUIPMENT IN PERSON OR BY
 CERTIFIED MAIL AT AN ADDRESS INDICATED IN THE RENTAL AGREEMENT AND HE OR
 SHE INTENTIONALLY REFUSES TO RETURN SUCH EQUIPMENT FOR A PERIOD  OF  TEN
 DAYS  AFTER SUCH DEMAND HAS BEEN RECEIVED OR SHOULD REASONABLY HAVE BEEN
 RECEIVED. SUCH WRITTEN DEMAND SHALL STATE: (I)  THE  DATE  AND  TIME  AT
 WHICH  THE  EQUIPMENT  WAS TO HAVE BEEN RETURNED UNDER THE RENTAL AGREE-
 MENT; (II) THAT THE OWNER DOES NOT CONSENT TO THE CONTINUED  WITHHOLDING
 OR  RETAINING  OF  SUCH EQUIPMENT AND DEMANDS ITS RETURN; AND (III) THAT
 THE CONTINUED WITHHOLDING OR RETAINING OF THE EQUIPMENT MAY CONSTITUTE A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11411-03-7

 S. 6175--A                          2
 
 CLASS E FELONY PUNISHABLE BY A FINE OF UP TO TWO THOUSAND DOLLARS OR  BY
 A  SENTENCE  TO A TERM OF IMPRISONMENT FOR A PERIOD OF UP TO ONE YEAR OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   2. AS USED IN THIS SECTION, THE TERMS OWNER AND RENTAL AGREEMENT SHALL
 BE  DEFINED AS IN SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-W
 OF THE GENERAL BUSINESS LAW, AS ADDED BY CHAPTER THREE HUNDRED  SEVENTY-
 TWO  OF  THE  LAWS OF NINETEEN NINETY-FIVE. THE TERM CONSTRUCTION RENTAL
 EQUIPMENT SHALL MEAN ANY  EQUIPMENT  OR  TOOLS  GENERALLY  USED  IN  THE
 CONSTRUCTION  TRADE  AND  RENTED TO AN INDIVIDUAL OR BUSINESS UNDER SUCH
 TERMS AS ARE AGREED UPON IN WRITING BY THE PARTIES TO SUCH AGREEMENT.
   3. IN ANY PROSECUTION UNDER PARAGRAPH (A) OF SUBDIVISION ONE  OF  THIS
 SECTION,  IT  IS  A  DEFENSE  THAT,  AT  THE  TIME  THE  PROSECUTION WAS
 COMMENCED, (A) THE DEFENDANT HAD RECOVERED POSSESSION OF  THE  EQUIPMENT
 WITHIN THE TIME SPECIFIED IN THE ORIGINAL RENTAL AGREEMENT OR ANY AMEND-
 MENT  THERETO, UNENCUMBERED AS A RESULT OF THE UNLAWFUL DISPOSITION, AND
 (B) THE OWNER HAD SUFFERED NO MATERIAL ECONOMIC LOSS AS A RESULT OF  THE
 UNLAWFUL DISPOSITION.
   4.  IN  ANY PROSECUTION UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS
 SECTION, IT IS A DEFENSE THAT AT THE TIME THE PROSECUTION WAS COMMENCED,
 (A) THE OWNER HAD RECOVERED POSSESSION OF THE EQUIPMENT AND SUFFERED  NO
 ECONOMIC  LOSS  AS  A RESULT OF THE UNLAWFUL RETENTION; OR (B) THE OWNER
 FAILED TO COMPLY WITH THE PROVISIONS OF SECTION  THREE  HUNDRED  NINETY-
 NINE-W  OF  THE  GENERAL BUSINESS LAW, AS ADDED BY CHAPTER THREE HUNDRED
 SEVENTY-TWO OF THE LAWS OF NINETEEN NINETY-FIVE.
   MISAPPLICATION OF CONSTRUCTION RENTAL EQUIPMENT IS A CLASS E FELONY.
   § 2. Section 165.15 of the penal law is amended by adding a new subdi-
 vision 12 to read as follows:
   12.  OBTAINING OR HAVING CONTROL OVER COMMERCIAL  CONSTRUCTION  RENTAL
 EQUIPMENT OF ANOTHER PERSON OR ENTITY PURSUANT TO A RENTAL AGREEMENT, HE
 OR  SHE  FAILS TO RETURN SUCH EQUIPMENT TO THE OWNER THEREOF ON THE DATE
 SPECIFIED FOR RETURN IN SUCH RENTAL AGREEMENT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

2017-S6175B (ACTIVE) - Details

See Assembly Version of this Bill:: A8560
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §165.03, amd §165.15, Pen L
Versions Introduced in 2019-2020 Legislative Session:: A122

2017-S6175B (ACTIVE) - Summary

Establishes the crime of misapplication of construction rental equipment.

2017-S6175B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6175B

 TITLE OF BILL :

An act to amend the penal law, in relation to misapplication of
construction rental equipment and theft of services

 PURPOSE OR GENERAL IDEA OF BILL :

To provide a provision in the penal law to explicitly address the
misapplication of construction rental equipment and theft of services.

 SUMMARY OF PROVISIONS :

Section 1. The penal law is amended by adding a new section 165.03,
which outlines the misapplication of construction and rental
equipment.

Section 2. Section 165.15 of the penal is amended by adding a new
subdivision 12 to provide failing to return commercial construction
rental equipment of another person or entity on the date specified for
return is a an act of theft of service.

Section 3. This act shall take effect on the thirtieth day after it
shall have become a law.

 JUSTIFICATION :

Construction rental equipment companies in New York State are
experiencing a rise in rental thefts. As they are in the business of
renting out equipment, when a theft occurs not only are they deprived
of the equipment and need to spend significant sums to replace it, but
they are also deprived of current and future revenue.

Construction equipment theft is a significant problem throughout the
state of New York, as the National Insurance Crime Bureau estimates
that more than $1 billion worth of equipment is stolen each year.
This includes heavy equipment such as backhoes, forklifts, generators
etc. that businesses have spent thousands to purchase.

This legislation will provide law enforcement with a clear enforcement
tool against those who knowingly steal construction rental equipment
in an effort to deter this behavior.

Small businesses in New York State play a large role in supporting the
State's economy and every effort should be made to protect their
resources so that they can continue to grow and prosper.

 PRIOR LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after it shall have
become a law.

2017-S6175B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6175--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen.  GOLDEN -- 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  misapplication  of
   construction rental equipment and theft of 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 165.03  to
 read as follows:
 § 165.03 MISAPPLICATION OF CONSTRUCTION RENTAL EQUIPMENT.
   1.  A PERSON IS GUILTY OF MISAPPLICATION OF CONSTRUCTION RENTAL EQUIP-
 MENT WHEN, KNOWINGLY POSSESSING CONSTRUCTION RENTAL EQUIPMENT OF ANOTHER
 PURSUANT TO AN AGREEMENT THAT THE SAME WILL BE RETURNED TO THE OWNER  AT
 A FUTURE TIME:
   (A)  HE  OR  SHE  LOANS, LEASES, PLEDGES, PAWNS OR OTHERWISE ENCUMBERS
 SUCH PROPERTY VALUED IN EXCESS  OF  ONE  THOUSAND  DOLLARS  WITHOUT  THE
 CONSENT OF THE OWNER THEREOF IN SUCH MANNER AS TO CREATE A RISK THAT THE
 OWNER WILL NOT BE ABLE TO RECOVER IT OR WILL SUFFER PECUNIARY LOSS; OR
   (B)  HE OR SHE INTENTIONALLY REFUSES TO RETURN SUCH PROPERTY VALUED IN
 EXCESS OF ONE THOUSAND DOLLARS TO THE OWNER PURSUANT TO THE TERMS OF THE
 RENTAL AGREEMENT PROVIDED THAT THE  OWNER  SHALL  HAVE  MADE  A  WRITTEN
 DEMAND  FOR  THE RETURN OF SUCH EQUIPMENT IN PERSON OR BY CERTIFIED MAIL
 AT AN ADDRESS INDICATED IN THE RENTAL AGREEMENT AND  HE  OR  SHE  INTEN-
 TIONALLY REFUSES TO RETURN SUCH EQUIPMENT FOR A PERIOD OF TEN DAYS AFTER
 SUCH  DEMAND  HAS BEEN RECEIVED OR SHOULD REASONABLY HAVE BEEN RECEIVED.
 SUCH WRITTEN DEMAND SHALL STATE: (I) THE DATE  AND  TIME  AT  WHICH  THE
 EQUIPMENT  WAS  TO  HAVE  BEEN RETURNED UNDER THE RENTAL AGREEMENT; (II)
 THAT THE OWNER DOES NOT CONSENT TO THE CONTINUED WITHHOLDING OR  RETAIN-
 ING OF SUCH EQUIPMENT AND DEMANDS ITS RETURN; AND (III) THAT THE CONTIN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11411-04-7

 S. 6175--B                          2
 
 UED  WITHHOLDING  OR RETAINING OF THE EQUIPMENT MAY CONSTITUTE A CLASS E
 FELONY PUNISHABLE BY A FINE OF UP  TO  TWO  THOUSAND  DOLLARS  OR  BY  A
 SENTENCE  TO A TERM OF IMPRISONMENT FOR A PERIOD OF UP TO ONE YEAR OR BY
 BOTH SUCH FINE AND IMPRISONMENT.
   2. AS USED IN THIS SECTION, THE TERMS OWNER AND RENTAL AGREEMENT SHALL
 BE  DEFINED AS IN SUBDIVISION ONE OF SECTION THREE HUNDRED NINETY-NINE-W
 OF THE GENERAL BUSINESS LAW, AS ADDED BY CHAPTER THREE HUNDRED  SEVENTY-
 TWO  OF  THE LAWS OF NINETEEN HUNDRED NINETY-FIVE. THE TERM CONSTRUCTION
 RENTAL EQUIPMENT SHALL MEAN ANY EQUIPMENT OR TOOLS GENERALLY USED IN THE
 CONSTRUCTION TRADE AND RENTED TO AN INDIVIDUAL OR  BUSINESS  UNDER  SUCH
 TERMS AS ARE AGREED UPON IN WRITING BY THE PARTIES TO SUCH AGREEMENT.
   3.  IN  ANY PROSECUTION UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION, IT  IS  A  DEFENSE  THAT,  AT  THE  TIME  THE  PROSECUTION  WAS
 COMMENCED,  (A)  THE DEFENDANT HAD RECOVERED POSSESSION OF THE EQUIPMENT
 WITHIN THE TIME SPECIFIED IN THE ORIGINAL RENTAL AGREEMENT OR ANY AMEND-
 MENT THERETO, UNENCUMBERED AS A RESULT OF THE UNLAWFUL DISPOSITION,  AND
 (B)  THE OWNER HAD SUFFERED NO MATERIAL ECONOMIC LOSS AS A RESULT OF THE
 UNLAWFUL DISPOSITION.
   4. IN ANY PROSECUTION UNDER PARAGRAPH (B) OF SUBDIVISION ONE  OF  THIS
 SECTION, IT IS A DEFENSE THAT AT THE TIME THE PROSECUTION WAS COMMENCED,
 (A)  THE OWNER HAD RECOVERED POSSESSION OF THE EQUIPMENT AND SUFFERED NO
 ECONOMIC LOSS AS A RESULT OF THE UNLAWFUL RETENTION, OR  (B)  THE  OWNER
 FAILED  TO  COMPLY  WITH THE PROVISIONS OF SECTION THREE HUNDRED NINETY-
 NINE-W OF THE GENERAL BUSINESS LAW, AS ADDED BY  CHAPTER  THREE  HUNDRED
 SEVENTY-TWO OF THE LAWS OF NINETEEN HUNDRED NINETY-FIVE.
   MISAPPLICATION OF CONSTRUCTION RENTAL EQUIPMENT IS A CLASS E FELONY.
   § 2. Section 165.15 of the penal law is amended by adding a new subdi-
 vision 12 to read as follows:
   12.    OBTAINING OR HAVING CONTROL OVER COMMERCIAL CONSTRUCTION RENTAL
 EQUIPMENT OF ANOTHER PERSON OR ENTITY PURSUANT TO A RENTAL AGREEMENT, HE
 OR SHE FAILS TO RETURN SUCH EQUIPMENT TO THE OWNER THEREOF ON  THE  DATE
 SPECIFIED FOR RETURN IN SUCH RENTAL AGREEMENT.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

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Senate Bill S6175B

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S6175 - Details

2017-S6175 - Summary

2017-S6175 - Sponsor Memo

2017-S6175 - Bill Text download pdf

2017-S6175A - Details

2017-S6175A - Summary

2017-S6175A - Sponsor Memo

2017-S6175A - Bill Text download pdf

2017-S6175B (ACTIVE) - Details

2017-S6175B (ACTIVE) - Summary

2017-S6175B (ACTIVE) - Sponsor Memo

2017-S6175B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6175B

Share this bill

Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

2017-S6175 - Details

2017-S6175 - Summary

2017-S6175 - Sponsor Memo

2017-S6175 - Bill Text download pdf

2017-S6175A - Details

2017-S6175A - Summary

2017-S6175A - Sponsor Memo

2017-S6175A - Bill Text download pdf

2017-S6175B (ACTIVE) - Details

2017-S6175B (ACTIVE) - Summary

2017-S6175B (ACTIVE) - Sponsor Memo

2017-S6175B (ACTIVE) - Bill Text download pdf

Comments