S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1929
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. ZINERMAN, BURDICK, FORREST, EPSTEIN -- read once
   and referred to the Committee on Codes
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01149-01-3
              

 A. 1929                             2
 
 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.