Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services and allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.
STATE OF NEW YORK
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581
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
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Introduced by Sens. BENJAMIN, PARKER, SALAZAR -- 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:
1 Section 1. Subdivision 3 of section 165.15 of the penal law is amended
2 to read as follows:
3 3. With intent to obtain [railroad, subway, bus,] air[,] or taxi [or
4 any other public transportation] service without payment of the lawful
5 charge therefor, or to avoid payment of the lawful charge for such
6 transportation service which has been rendered to him, he obtains or
7 attempts to obtain such service or avoids or attempts to avoid payment
8 therefor by force, intimidation, stealth, deception or mechanical
9 tampering, or by unjustifiable failure or refusal to pay; or
10 § 2. Paragraph b of subdivision 4 of section 1209-a of the public
11 authorities law, as amended by chapter 460 of the laws of 2015, is
12 amended to read as follows:
13 b. To impose civil penalties not to exceed a total of one hundred
14 fifty dollars for any transit infraction within its jurisdiction, in
15 accordance with a penalty schedule established by the authority or the
16 metropolitan transportation authority or a subsidiary thereof, as appli-
17 cable, except that for penalties for theft of services, the defendant
18 may elect to perform community service in accordance with a schedule
19 established by the authority as an alternative to payment of the civil
20 penalty if such defendant is a minor or has a household income at or
21 below two hundred fifty percent of the federal poverty line, and penal-
22 ties for violations of the health code of the city of New York shall be
23 in accordance with the penalties established for such violations by the
24 board of health of the city of New York, and penalties for violations of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04884-01-1
S. 581 2
1 the noise code of the city of New York shall be in accordance with the
2 penalties established for such violations by law, and civil penalties
3 for violations of the rules and regulations of the triborough bridge and
4 tunnel authority shall be in accordance with the penalties established
5 for such violations by section twenty-nine hundred eighty-five of this
6 chapter;
7 § 3. This act shall take effect immediately.
