Assembly Bill A8372

2023-2024 Legislative Session

Relates to the theft of benefits contained on an electronic benefit transfer card

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A8372 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§155.35 & 80.00, Pen L

2023-A8372 (ACTIVE) - Summary

Provides that the theft of benefits contained on an electronic benefit transfer card shall be a class D felony punishable by a fine of ten thousand dollars.

2023-A8372 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8372
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation  to  the  theft  of  benefits
   contained on an electronic benefit transfer card
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 155.35 of the penal law, as amended by chapter  464
 of the laws of 2010, is amended to read as follows:
 § 155.35 Grand larceny in the third degree.
   A person is guilty of grand larceny in the third degree when he or she
 steals property and:
   1.  when  the  value  of the property exceeds three thousand dollars[,
 or];
   2. the property is an automated teller machine or the contents  of  an
 automated teller machine[.]; OR
   3.  THE  PROPERTY  CONSISTS  OF  ANY BENEFITS ON AN ELECTRONIC BENEFIT
 TRANSFER CARD, REGARDLESS OF VALUE.
   Grand larceny in the third degree is a class D felony.
   § 2. Section 80.00 of the penal law is amended by adding a new  subdi-
 vision 8 to read as follows:
   8.  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SUBDIVISIONS ONE AND
 THREE OF THIS SECTION, THE COURT SHALL IMPOSE A FINE FOR A VIOLATION  OF
 SUBDIVISION THREE OF SECTION 155.35 OF THIS CHAPTER IN THE AMOUNT OF TEN
 THOUSAND  DOLLARS;  AND  FOR  EACH SUBSEQUENT VIOLATION IN THE AMOUNT OF
 FIFTEEN THOUSAND DOLLARS.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13432-02-3

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