What's happening
This bill creates the crime of public larceny for government employees who make unauthorized purchases with employer-issued credit or debit cards, establishing penalties based on the amount stolen.
Why it matters
Targets government employee misuse of public funds. By specifically criminalizing unauthorized credit or debit card purchases by public employees, the bill aims to address a gap in current law that may not clearly differentiate between private and public sector financial misconduct.
Establishes clear thresholds and penalties. The bill creates a tiered system of criminal penalties, with severity based on the dollar amount of unauthorized purchases (ranging from a misdemeanor for any unauthorized use, to a class B felony for amounts over $100,000). This could deter various levels of misuse and ensure proportional punishment.
Clarifies what constitutes "unauthorized" spending. The definition includes not only purchases not approved by the employer, but also those inconsistent with the employee’s signed agreement, potentially making it easier to prosecute violations and hold employees accountable for misuse.
Aims to enhance public trust in government. By enacting specific legal consequences for public larceny, the legislation seeks to assure the public that government mismanagement or theft of taxpayer resources will be addressed transparently and firmly.
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Who cares
Public employees with employer-issued cards
Unauthorized credit or debit card purchases would constitute public larceny, ranging from a class A misdemeanor to a class B felony depending on the amount.
State agencies, local governments and governmental instrumentalities
Their authorization of purchases and employee card agreements would determine whether purchases qualify as unauthorized under the new offenses.
Prosecutors and criminal defense attorneys
The bill would create five degrees of public larceny, with felony thresholds for purchases exceeding $1,000, $3,000, $50,000 and $100,000.
Headline styles
Ban Employee Credit Card Theft
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 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.
LBD09292-01-9
A. 5127 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.