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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8372
SPONSOR: Cunningham TITLE OF BILL:
An act to amend the penal law, in relation to the theft of benefits
contained on an electronic benefit transfer card
PURPOSE OR GENERAL IDEA OF BILL:
Increases fines on people found guilty of supplemental nutrition assist-
ance program theft
SUMMARY OF PROVISIONS:
Section 1 amends section 155.35 of penal law to include electronic bene-
fit cards regardless of value
Section 2 adds subdivision 8 to section 80.00 of penal law to set the
fines for Electronic Benefit Card theft at $10,000 for a first time
violation and $15,000 for all subsequent violations
Section 3 sets the effective date as immediately
JUSTIFICATION:
Electronic Benefit Transfer (EBT) theft has been an ongoing issue.
Reports of this kind of theft have continued to increase, especially
across New York City. Increasing the fines is one way to deter people
from committing this crime or from repeatedly committing this offense.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
8372
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 155.35 of the penal law, as amended by chapter 464
2 of the laws of 2010, is amended to read as follows:
3 § 155.35 Grand larceny in the third degree.
4 A person is guilty of grand larceny in the third degree when he or she
5 steals property and:
6 1. when the value of the property exceeds three thousand dollars[,
7 or];
8 2. the property is an automated teller machine or the contents of an
9 automated teller machine[.]; or
10 3. the property consists of any benefits on an electronic benefit
11 transfer card, regardless of value.
12 Grand larceny in the third degree is a class D felony.
13 § 2. Section 80.00 of the penal law is amended by adding a new subdi-
14 vision 8 to read as follows:
15 8. Notwithstanding any inconsistent provision of subdivisions one and
16 three of this section, the court shall impose a fine for a violation of
17 subdivision three of section 155.35 of this chapter in the amount of ten
18 thousand dollars; and for each subsequent violation in the amount of
19 fifteen thousand dollars.
20 § 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
