Senate Bill S9708

2023-2024 Legislative Session

Relates to deterring theft of essential infrastructure

download bill text pdf

Sponsored By

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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2023-S9708 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§155.26 & 155.27, Pen L

2023-S9708 (ACTIVE) - Summary

Provides that the theft of property of an essential service provider shall constitute grand larceny; provides a higher degree of crime where such theft results in a substantial interruption or impairment of service.

2023-S9708 (ACTIVE) - Sponsor Memo

2023-S9708 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9708
 
                             I N  S E N A T E
 
                               May 22, 2024
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 deterring theft of  essen-
   tial infrastructure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "prevention
 of damage to essential infrastructure act of 2024".
   § 2. The penal law is amended by adding two new  sections  155.26  and
 155.27 to read as follows:
 § 155.26 GRAND LARCENY OF ESSENTIAL SERVICES IN THE SECOND DEGREE.
   1.  A  PERSON  IS GUILTY OF GRAND LARCENY OF ESSENTIAL SERVICES IN THE
 SECOND DEGREE WHEN SUCH PERSON  STEALS  THE  PROPERTY  OF  AN  ESSENTIAL
 SERVICE PROVIDER AS DEFINED IN SUBDIVISION TWO OF THIS SECTION.
   2. FOR PURPOSES OF THIS SECTION, AN "ESSENTIAL SERVICE PROVIDER" SHALL
 MEAN A UTILITY COMPANY AS DEFINED IN SUBDIVISION TWENTY-THREE OF SECTION
 TWO  OF THE PUBLIC SERVICE LAW, A CABLE TELEVISION COMPANY AS DEFINED IN
 SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE OF SUCH LAW,  AN  INTERNET
 SERVICE  PROVIDER  AS  DEFINED  IN  PARAGRAPH  (G) OF SUBDIVISION ONE OF
 SECTION TWO HUNDRED TWENTY-FOUR-C OF  SUCH  LAW,  A  CELLULAR  TELEPHONE
 COMPANY,  ANY  OTHER  PERSON  OR ENTITY PROVIDING VOICE OR DATA COMMUNI-
 CATIONS SERVICES TO THE PUBLIC,  REGARDLESS  OF  ITS  REGULATORY  STATUS
 UNDER STATE OR FEDERAL LAW, OR A PUBLIC UTILITY AUTHORITY SUBJECT TO THE
 PROVISIONS OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES LAW.
   GRAND  LARCENY OF ESSENTIAL SERVICES IN THE SECOND DEGREE IS A CLASS C
 FELONY.
 § 155.27 GRAND LARCENY OF ESSENTIAL SERVICES IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF GRAND LARCENY OF ESSENTIAL SERVICES IN THE FIRST
 DEGREE WHEN SUCH PERSON STEALS PROPERTY OF AN ESSENTIAL SERVICE  PROVID-
 ER, AS DEFINED IN SUBDIVISION TWO OF SECTION 155.26 OF THIS ARTICLE, AND
 SUCH  ACTION  CAUSES  A  SUBSTANTIAL  INTERRUPTION  OF  OR IMPAIRMENT OF
 SERVICES PROVIDED BY SUCH ESSENTIAL SERVICE PROVIDER.
   GRAND LARCENY OF ESSENTIAL SERVICES IN THE FIRST DEGREE IS A  CLASS  B
 FELONY.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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