STATE OF NEW YORK
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1483
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
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Introduced by M. of A. CYMBROWITZ, CASTRO -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
public larceny
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 155.00 of the penal law is amended by adding a new
2 subdivision 10 to read as follows:
3 10. "Unauthorized purchases" means any purchase made by means of any
4 credit or debit charge made against a credit or debit card not author-
5 ized by the employer who issued the card or any purchase made by means
6 of any credit or debit charge made against a credit or debit card issued
7 by an employer not consistent with the provisions of the agreement
8 signed by the employee when the card was issued to the employee.
9 § 2. The penal law is amended by adding five new sections 155.50,
10 155.55, 155.60, 155.65 and 155.70 to read as follows:
11 § 155.50 Public larceny in the fifth degree.
12 A person is guilty of public larceny in the fifth degree when he or
13 she is an employee of the state or a political subdivision of the state
14 or a governmental instrumentality within the state, possessing a credit
15 or debit card issued by his or her employer and the person makes unau-
16 thorized purchases using such credit or debit card for goods and
17 services.
18 Public larceny in the fifth degree is a class A misdemeanor.
19 § 155.55 Public larceny in the fourth degree.
20 A person is guilty of public larceny in the fourth degree when he or
21 she is an employee of the state or a political subdivision of the state
22 or a governmental instrumentality within the state, possessing a credit
23 or debit card issued by his or her employer and the person makes unau-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05654-01-3
A. 1483 2
1 thorized purchases using such credit or debit card for goods and
2 services exceeding one thousand dollars.
3 Public larceny in the fourth degree is a class E felony.
4 § 155.60 Public larceny in the third degree.
5 A person is guilty of public larceny in the third degree when he or
6 she is an employee of the state or a political subdivision of the state
7 or a governmental instrumentality within the state, possessing a credit
8 or debit card issued by his or her employer and the person makes unau-
9 thorized purchases using such credit or debit card for goods and
10 services exceeding three thousand dollars.
11 Public larceny in the third degree is a class D felony.
12 § 155.65 Public larceny in the second degree.
13 A person is guilty of public larceny in the second degree when he or
14 she is an employee of the state or a political subdivision of the state
15 or a governmental instrumentality within the state, possessing a credit
16 or debit card issued by his or her employer and the person makes unau-
17 thorized purchases using such credit or debit card for goods and
18 services exceeding fifty thousand dollars.
19 Public larceny in the second degree is a class C felony.
20 § 155.70 Public larceny in the first degree.
21 A person is guilty of public larceny in the first degree when he or
22 she is an employee of the state or a political subdivision of the state
23 or a governmental instrumentality within the state, possessing a credit
24 or debit card issued by his or her employer and the person makes unau-
25 thorized purchases using such credit or debit card for goods and
26 services exceeding one hundred thousand dollars.
27 Public larceny in the first degree is a class B felony.
28 § 3. This act shall take effect on the first of November next succeed-
29 ing the date on which it shall have become a law.
