Establishes the crime of public larceny

1 Co-sponsor

• Michael H. Ranzenhofer

BILL NUMBER:S4400

Title of bill

An act to amend the penal law, in relation to establishing the crime of public larceny

Purpose or general idea of bill

To deter and punish the abuse of publicly-issued credit cards.

Summary of specific provisions

Section one of the bill amends §155.00 of the Penal Law by adding a new subdivision 10 defining "unauthorized purchases."

Section two of the bill adds five new sections, 155.50, 155.55, 155.60, 155.65, and 155.70 to the Penal Law creating the new crime of Public Larceny in 5 degrees.

Section three is the effective date.

Justification

A recent case involving two employees of state group homes for developmentally disabled adults illustrates the need for this change to the Penal Law. The two employees had been issued state gasoline credit cards for use in relation to the performance of their jobs. Over the course of nine months the two, along with a girlfriend, were recorded misusing the state card 42 times, filling their own and others' vehicles, for a total of more than $19,000. The three were arrested and charged with 4th degree larceny, an E felony. While the state agency involved in the theft promised to take immediate action to have greater control over the use of credit cards, the charge and disposition of this case is inadequate to deter this kind of crime and punish it when it occurs. The nature of the offense needs to be more specifically defined when it involves the misuse of a legally obtained and possessed credit or debit card. Prosecutors are ill-equipped, under the current statute, to fully charge defendants in a way that accurately reflects true scope of the crime. In addition, recent reports concerning the abuse of federal credit and debit cards, while not within the orbit of this Legislature to regulate, demonstrates the constant temptations around the use of publicly-issued cards and the need to better protect the public purse.

Prior legislative history

2008: Passed Senate/Assembly Codes Committee 2009: Senate Codes 2010: Senate Codes; Notice of Committee Consideration Requested; Advanced to Third Reading

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.