S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4855
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM -- Multi-Sponsored by -- M. of A.
   BERGER, CHANG, KIM, MAHER -- 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 section 5 of
 part  O  of  chapter 56 of the laws of 2024, subdivision 2 as separately
 amended by and subdivision 3 as added by section 2 of part FF of chapter
 55 of the laws of 2024 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  such
 person 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 retail goods or merchandise stolen  pursu-
 ant  to  a  common scheme or plan or a single, ongoing intent to deprive
 another or others of the property or to appropriate the property to  the
 actor  or  another  person  and  the value of the property exceeds three
 thousand dollars, which value may be determined by the  aggregate  value
 of all such property regardless of whether the goods or merchandise were
 stolen from the same owner. Nothing in this subdivision shall be read to
 limit  the ability to aggregate the value of any property or the ability
 to charge the larceny of  retail  goods  or  merchandise  under  another
 applicable provision of law[.], OR
   [3.]  4.  when  such  person commits deed theft of one commercial real
 property, regardless of the value[.], OR
   5. THE PROPERTY CONSISTS OF ANY  BENEFITS  ON  AN  ELECTRONIC  BENEFIT
 TRANSFER CARD, REGARDLESS OF VALUE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08652-01-5
              

 A. 4855                             2
 
   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 FIVE 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.