NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10574
SPONSOR: Hyndman
 
TITLE OF BILL: An act to amend the penal law, in relation to theft of
services from barbershops, salons and beauty shops
 
PURPOSE:
To provide protection to barbershop and beauty salons allowing for crim-
inal action against those who steal services from these providers.
 
SUMMARY OF PROVISIONS:
Section 165.15 of the Penal Law is amended to provide barbershop and
salon service providers protection against those who steal their
services. Currently, neither the offices of the District Attorney's nor
the Police are able to bring theft of services criminal charges on
behalf of this group of business providers.
 
JUSTIFICATION:
In the economic downturn it has become harder for small service busi-
nesses to make ends meet or turn a profit. Hair salons and barbershops
have come under significant financial stress with customers obtaining
the service then walking out of the shop without paying. When reported
to police officers shop owners are met with the reply that there is no
criminal action or proceeding which can take place against those that
steal these services because barbershops and salons are not one of the
enumerated groups in the Penal Law's Theft of Services statute. This
group of small businesses is no different than a super market or clothes
retailer who would be able to bring a criminal prosecution for Petit
Larceny against those who steal their products. This bill would provide
for an order to make the law evenhanded yielding protection to those
merchants who provide a service that is not material. As such, the Penal
Law needs to be amended.
 
LEGISLATIVE HISTORY:
Referred to Codes 1-6-16
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Immediately after this bill has been signed into law.
STATE OF NEW YORK
________________________________________________________________________
10574
IN ASSEMBLY
May 7, 2018
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law, in relation to theft of services from
barbershops, salons and beauty shops
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of section 165.15 of the penal law,
2 as amended by chapter 491 of the laws of 1992, is amended and a new
3 subdivision 12 is added to read as follows:
4 12. With intent to avoid payment for services rendered by a barber-
5 shop, salon or beauty shop, he or she avoids or attempts to avoid such
6 payment by unjustifiable failure or refusal to pay, by stealth, or by
7 any misrepresentation of fact which he or she knows to be false.
8 Theft of services is a class A misdemeanor, provided, however, that
9 theft of cable television service as defined by the provisions of para-
10 graphs (a), (c) and (d) of subdivision four of this section, and having
11 a value not in excess of one hundred dollars by a person who has not
12 been previously convicted of theft of services under subdivision four of
13 this section is a violation, that theft of services under subdivision
14 nine of this section by a person who has not been previously convicted
15 of theft of services under subdivision nine of this section is a
16 violation, that theft of services under subdivision twelve of this
17 section by a person who has not previously been convicted of theft of
18 services under subdivision twelve of this section is a violation, and
19 provided further, however, that theft of services of any telephone
20 service under paragraph (a) or (b) of subdivision five of this section
21 having a value in excess of one thousand dollars or by a person who has
22 been previously convicted within five years of theft of services under
23 paragraph (a) of subdivision five of this section is a class E felony.
24 § 2. This act shall take effect on the ninetieth day after it shall
25 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09327-04-8