Establishes the crimes of petit theft of service, schemes to defraud and counterfeit trademarking

BILL NUMBER:S5576

Title of bill

An act to amend the penal law, in relation to personal identifying information, establishes the crimes of petit theft of service, scheme to defraud and counterfeit trademarking; and to repeal certain provisions of the penal law relating thereto

Summary of provisions

Section 1 of the bill amends subdivisions 1, 2, 3, 4, 5, 8 and 9 of section 155.00 of the penal law, subdivisions 1 and 8 as amended by chapter 514 of the laws of 1986, subdivision 9 as added by chapter 530 of the laws of 1975, are amended and three new subdivisions 7-d, 9 and 10 providing additional definitional language regarding personal identi- fying information, and add new definitional language for "computer program" and "computer data".

Section 2 of the bill amends paragraph (c) of subdivision 2 of section 155.05 of the penal law by amending the definition of certain larceny offenses and adding a new category for "theft of service"

Section 3 of the bill amends subdivision 1 of section 155.20 of the penal law and adds a new subdivision 2-a to address the value of proper- ty in relation to larceny offenses.

Section 4 of the bill amends the penal law by adding a new section 155.23 to create the category of "petit theft of service" which is clas- sified as a class B misdemeanor.

Section 5 of the bill amends section 155.25 of the penal law by amending the language of petit larceny which will include conduct where a person "steals a service and the value of the service exceeds five hundred dollars".

Sections 6 through 9 amend sections 155.30, 155.35, 155.40 and 155.42 of the penal law to add personal identifying information to the sections covering grand larceny offenses.

Sections 10 through 13 amend sections 165.71, 165.72 and 165.73 of the penal law, to renumber trademark counterfeiting offenses, repeals section 165 74 of the penal law and create a new sections 165.74 enti- tled "trademark counterfeiting in the first degree" offense which is classified as a class C felony and 165.75 entitled "seizure and destruction of goods bearing counterfeit trademarks".

Section 14 of the bill creates a new offense category entitled "scheme to defraud" which is classified into first, second, third, fourth and fifth degree offenses which are respectively classified as Class A misdemeanors and Class E, D, C and B felonies.

Section 15 provides that this act shall take effect immediately.

Prior legislative history

None.

Fiscal implications for state and local governments

To be determined.

Effective date

This act shall take effect immediately.