NY State Senate Bill 2023-S5099

Senate Bill S5099

2023-2024 Legislative Session

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

download bill text pdf

Current 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, 2024	referred to codes
Feb 22, 2023	referred to codes

2023-S5099 (ACTIVE) - Details

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:: 2017-2018: S4841
2019-2020: S1134
2021-2022: S581, S8115

2023-S5099 (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; allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.

2023-S5099 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5099

SPONSOR: CLEARE
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this legislation is decriminalize the offense of fare-
beating by lowering the offense from a misdemeanor to a 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:

Fare evasion is currently a Class A misdemeanor.

 
JUSTIFICATION:

This bill will decriminalize transit theft by lowering the act from a
misdemeanor to a to a violation. Fare-evasion, or transit theft, is
currently the second-most likely cause for incarceration after
possession of a controlled substance. An arrest and incarceration can
change an individual's life for the worse, in particular because a
misdemeanor remains on a person's record. Making matters worse, 92 % of
farebeating arrests are against people of color. The over-penalization
of fare-evasion thus has a discriminatory effect in that it overwhelm-
ingly causes disproportionate harm against ethnic minorities.

Having a misdemeanor on one's record can be a life-long burden, affect-
ing one's ability to get a job, a place to live, or go to school.

 
LEGISLATIVE HISTORY:

2017-18: 54841-C/A.9715-A

 
FISCAL IMPLICATIONS:

Saves incarceration and corrections costs.

 
LOCAL FISCAL IMPLICATIONS:

Saves incarceration and corrections costs

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5099 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5099
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed 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

 S. 5099                             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.

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