Creates the crime of theft of rental property or equipment

BILL NUMBER:A10074

Title of bill

An act to amend the penal law, in relation to the crimi- nality of theft of rental property or equipment

Purpose or general idea of bill

This bill would amend the penal law to add new sections thereto relating specifically to crimes involving rental property.

Summary of provisions

Section one amends the Penal Law by adding section 190.87 establishing theft of rental property or equipment valued at less than. five hundred dollars as a class A misdemeanor. Specif- ically, this section of the bill makes it a crime for individuals to knowingly: (a) obtain custody of personal property or equipment by trick, deceit, fraud or willful false representation with intent to defraud the equipment; (b) hire or lease personal property or equipment from any person who is in lawful possession of the personal property or equipment with the intent to defraud such person of the rental due under the rental agreement; (c) abandon or willfully refuse to redeliver personal property as required under a rental agreement without the consent of the lessor or the lessor's agent, with intent to defraud the lessor or the lessor's agent.

Section two amends the Penal Law by adding section 190.88 establishing criminal theft of rental property or equipment valued at five hundred dollars or more as a class E felony. Pursuant to this section, it is a crime for individuals to knowingly: (a) obtain custody of personal prop- erty or equipment by trick, deceit, fraud or willful false represen- tation with intent to defraud the owner or any person in lawful possession of the personal property or equipment; (b) hire or lease personal property or equipment from any person who is in lawful possession of the personal property or equipment with the intent to defraud such person of the rental due under the rental agreement; (c) abandon or willfully refuse to redeliver personal property as required under a rental agreement without the consent of the lessor or the lessor's agent, with intent to defraud the lessor or the lessor's agent.

Section three of makes the bill effective on the thirtieth day after it shall have become law.

Justification

Rental equipment businesses are not only having trouble trying to collect the rental fees for their equipment, but the actual equipment. According to the American Rental Association (ARA), it is estimated that $1 billion worth of equipment is stolen each year in the United States.

The New York State economy depends in large part on the health of the State's small businesses. Given that so much of our future prosperity is dependent upon these businesses, it is important that their resources are protected. This legislation will provide law enforcement with a clear enforcement tool against those who knowingly steal rental equip- ment in an effort deter this fraudulent behavior. It is imperative that

these businesses' resources be protected, as they need be afforded every opportunity to succeed in New York State.

Prior legislative history

2007 S.7896

Fiscal implications

None

Effective date

This act shall take effect on the thirtieth day after it shall become law.