Relates to theft of services; includes the intent to use toll roads without payment of the lawful charge therefor

8 Co-sponsors

• Tony Avella
• David Carlucci
• Martin J. Golden
• William J. Larkin Jr.
• Thomas F. O'Mara
• Diane J. Savino
• Toby Ann Stavisky
• Lee M. Zeldin

BILL NUMBER:S746

Title of bill

An act to amend the penal law, in relation to the theft of services

Purpose

This bill makes clear that the avoidance of tolls on a toll road constitutes theft of services.

Summary of provisions

Section 1 amends section 165.15 of the penal law to make clear that theft of public transportation services shall include avoidance of tolls on a toll road. Additionally, this bill makes the theft of any services of a value in excess of $1000 a class E felony - consistent with the grand larceny statute.

Existing law

Current law lists railroad, subway, bus, air, taxi and other public transportation service.

Justification

This bill is meant to make clear that evasion of tolls on a public highway is the same as jumping a turnstile on a subway or exiting a taxi without paying a fare. There is a price to society in these instances, as the cost of the lost revenues are spread across the law-abiding part of the populace. Additionally, by amending the felony provision, theft of any service over $1000 is given equal treatment with tangible property.

Legislative history

2011-12: Passed Senate (S.4610/A.7643)

Fiscal implications

This bill has no direct fiscal impact, though it is hoped that its deterrent value will lead to increased toll collection.

Local fiscal implications

None.

Effective date

First of November succeeding the date on which it shall have become law.