 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5127
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2019
                                       ___________
 
        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 Assem-
        bly, do enact as follows:

     1    Section 1. Section 155.00 of the penal law is amended by adding a  new
     2  subdivision 10 to read as follows:
     3    10.  "Unauthorized  purchases" means any purchase made by means of any
     4  credit or debit charge made against a credit or debit card  not  author-
     5  ized  by  the employer who issued the card or any purchase made by means
     6  of any credit or debit charge made against a credit or debit card issued
     7  by an employer not consistent  with  the  provisions  of  the  agreement
     8  signed by the employee when the card was issued to the employee.
     9    §  2.  The  penal  law  is amended by adding five new sections 155.50,
    10  155.55, 155.60, 155.65 and 155.70 to read as follows:
    11  § 155.50 Public larceny in the fifth degree.
    12    A person is guilty of public larceny in the fifth degree  when  he  or
    13  she  is an employee of the state or a political subdivision of the state
    14  or a governmental instrumentality within the state,  possessing a credit
    15  or debit card issued by his or her employer and the person  makes  unau-
    16  thorized  purchases  using  such  credit  or  debit  card  for goods and
    17  services.
    18    Public larceny in the fifth degree is a class A misdemeanor.
    19  § 155.55 Public larceny in the fourth degree.
    20    A person is guilty of public larceny in the fourth degree when  he  or
    21  she  is an employee of the state or a political subdivision of the state
    22  or a governmental instrumentality within the state, possessing a  credit
    23  or  debit  card issued by his or her employer and the person makes unau-
    24  thorized purchases using  such  credit  or  debit  card  for  goods  and
    25  services exceeding one thousand dollars.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09292-01-9

        A. 5127                             2
 
     1    Public larceny in the fourth degree is a class E felony.
     2  § 155.60 Public larceny in the third degree.
     3    A  person  is  guilty of public larceny in the third degree when he or
     4  she is an employee of the state or a political subdivision of the  state
     5  or  a governmental instrumentality within the state, possessing a credit
     6  or debit card issued by his or her employer and the person  makes  unau-
     7  thorized  purchases  using  such  credit  or  debit  card  for goods and
     8  services exceeding three thousand dollars.
     9    Public larceny in the third degree is a class D felony.
    10  § 155.65 Public larceny in the second degree.
    11    A person is guilty of public larceny in the second degree when  he  or
    12  she  is an employee of the state or a political subdivision of the state
    13  or a governmental instrumentality within the state, possessing a  credit
    14  or  debit  card issued by his or her employer and the person makes unau-
    15  thorized purchases using  such  credit  or  debit  card  for  goods  and
    16  services exceeding fifty thousand dollars.
    17    Public larceny in the second degree is a class C felony.
    18  § 155.70 Public larceny in the first degree.
    19    A  person  is  guilty of public larceny in the first degree when he or
    20  she is an employee of the state or a political subdivision of the  state
    21  or  a governmental instrumentality within the state, possessing a credit
    22  or debit card issued by his or her employer and the person  makes  unau-
    23  thorized  purchases  using  such  credit  or  debit  card  for goods and
    24  services exceeding one hundred thousand dollars.
    25    Public larceny in the first degree is a class B felony.
    26    § 3. This act shall take effect on the first of November next succeed-
    27  ing the date on which it shall have become a law.
Establishes the crime of public larceny

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