What's happening
This bill creates new crimes and penalties for public employees who make unauthorized purchases with employer-issued credit or debit cards.
Why it matters
Clearly defines "unauthorized purchases". for public employees, establishing a legal standard for when a purchase with an employer-issued credit or debit card constitutes a crime—this can help close loopholes and clarify expectations.
Imposes a tiered system of penalties. (from misdemeanor to class B felony) based on the total value of unauthorized purchases, signaling that higher-value misuse will be treated much more severely and could result in significant prison time.
Targets only public sector employees. (state, local, or government instrumentality), aiming to strengthen public trust by holding government workers to higher standards and deterring misuse of taxpayer-funded resources.
Creates a new set of specific criminal offenses. distinct from general larceny laws, meaning prosecutors will have a clearer path to charge and convict employees for this particular kind of financial misconduct, potentially increasing accountability in government spending.
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Make Public Theft a Crime
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3667
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. CYMBROWITZ -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of public larceny
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 155.00 of the penal law is amended by adding a new subdivision 10 to read as follows:
10. "Unauthorized purchases" means any purchase made by means of any credit or debit charge made against a credit or debit card not authorized by the employer who issued the card or any purchase made by means of any credit or debit charge made against a credit or debit card issued by an employer not consistent with the provisions of the agreement signed by the employee when the card was issued to the employee.
§ 2. The penal law is amended by adding five new sections 155.50, 155.55, 155.60, 155.65 and 155.70 to read as follows: § 155.50 Public larceny in the fifth degree.
A person is guilty of public larceny in the fifth degree when he or she is an employee of the state or a political subdivision of the state or a governmental instrumentality within the state, possessing a credit or debit card issued by his or her employer and the person makes unauthorized purchases using such credit or debit card for goods and services.
Public larceny in the fifth degree is a class A misdemeanor. § 155.55 Public larceny in the fourth degree.
A person is guilty of public larceny in the fourth degree when he or she is an employee of the state or a political subdivision of the state or a governmental instrumentality within the state, possessing a credit or debit card issued by his or her employer and the person makes unauthorized purchases using such credit or debit card for goods and services exceeding one thousand dollars.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06458-01-7
A. 3667 2
Public larceny in the fourth degree is a class E felony. § 155.60 Public larceny in the third degree.
A person is guilty of public larceny in the third degree when he or she is an employee of the state or a political subdivision of the state or a governmental instrumentality within the state, possessing a credit or debit card issued by his or her employer and the person makes unauthorized purchases using such credit or debit card for goods and services exceeding three thousand dollars.
Public larceny in the third degree is a class D felony. § 155.65 Public larceny in the second degree.
A person is guilty of public larceny in the second degree when he or she is an employee of the state or a political subdivision of the state or a governmental instrumentality within the state, possessing a credit or debit card issued by his or her employer and the person makes unauthorized purchases using such credit or debit card for goods and services exceeding fifty thousand dollars.
Public larceny in the second degree is a class C felony. § 155.70 Public larceny in the first degree.
A person is guilty of public larceny in the first degree when he or she is an employee of the state or a political subdivision of the state or a governmental instrumentality within the state, possessing a credit or debit card issued by his or her employer and the person makes unauthorized purchases using such credit or debit card for goods and services exceeding one hundred thousand dollars.
Public larceny in the first degree is a class B felony.
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.