A10574 Summary:

BILL NOA10574
 
SAME ASSAME AS S06343-A
 
SPONSORHyndman
 
COSPNSRRivera, Crespo, Dickens, Galef
 
MLTSPNSR
 
Amd 165.15, Pen L
 
Relates to theft of services from barbershops, salons or beauty salons and makes such offense a violation.
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A10574 Actions:

BILL NOA10574
 
05/07/2018referred to codes
06/13/2018reported referred to rules
06/14/2018reported
06/14/2018rules report cal.233
06/14/2018ordered to third reading rules cal.233
06/18/2018substituted by s6343a
 S06343 AMEND=A ALCANTARA
 05/11/2017REFERRED TO CODES
 05/17/2017AMEND AND RECOMMIT TO CODES
 05/17/2017PRINT NUMBER 6343A
 05/23/20171ST REPORT CAL.1319
 05/24/20172ND REPORT CAL.
 06/05/2017ADVANCED TO THIRD READING
 06/21/2017COMMITTED TO RULES
 01/03/2018REFERRED TO CODES
 02/12/20181ST REPORT CAL.477
 02/13/20182ND REPORT CAL.
 02/27/2018ADVANCED TO THIRD READING
 02/28/2018PASSED SENATE
 02/28/2018DELIVERED TO ASSEMBLY
 02/28/2018referred to codes
 06/18/2018substituted for a10574
 06/18/2018ordered to third reading rules cal.233
 06/18/2018passed assembly
 06/18/2018returned to senate
 09/20/2018DELIVERED TO GOVERNOR
 09/25/2018SIGNED CHAP.275
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A10574 Committee Votes:

CODES Chair:Lentol DATE:06/13/2018AYE/NAY:21/0 Action: Favorable refer to committee Rules
LentolAyeCurranAye
SchimmingerAyeGiglioAye
PretlowAyeMontesanoAye
CookAyeMorinelloAye
CymbrowitzAyePalumboAye
TitusAyeGarbarinoAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiExcused
FahyAye
SeawrightAye

RULES Chair:Heastie DATE:06/14/2018AYE/NAY:28/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
GanttExcusedCrouchAye
NolanAyeFinchAye
WeinsteinAyeBarclayAye
HooperExcusedRaiaAye
OrtizAyeHawleyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusExcused
Peoples-StokesAye
BenedettoAye

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A10574 Floor Votes:

There are no votes for this bill in this legislative session.
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A10574 Memo:

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.
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A10574 Text:



 
                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
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