Glick, D'Urso, Dickens, Sepulveda, Simon, Barron, Gottfried, Ortiz, Pichardo, Blake, Williams,
Jean-Pierre, Bichotte, Mosley, Walker, De La Rosa
MLTSPNSR
Amd §165.15, Pen L; amd §1209-a, Pub Auth L
Eliminates from the class A misdemeanor of theft of services, the avoidance of payment for railroad, subway, bus or other public transportation services and allows for community service in lieu of a civil penalty for certain offenders of theft of transit services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9715A
SPONSOR: Wright TITLE OF BILL: An act to amend the penal law and the public authori-
ties law, in relation to theft of certain transit services
PURPOSE:
The purpose of this legislation is decriminalize the offense of fare-e-
vasion for a person who fails to pay the fare for using a bus, subway or
train. Instead, persons who fail to pay the fare would be subject to
existing civil adjudication proceedings resulting in a fine being
assessed.
SUMMARY OF PROVISIONS:
Section 1 of the bill removes subway, railroad and bus from the theft of
services statute under section 165.15 of the penal law. A person who
intentionally uses the subway, railroad or bus without payment would no
longer be subject to a class A misdemeanor.
Section 2 of the bill states that the Act shall take effect immediately.
JUSTIFICATION:
This bill will decriminalize transit theft involving the use of rail-
road, subway or bus without payment. Fare-evasion or transit theft is
the second most common charge that leads to incarceration. The result-
ing criminal record has collateral consequences that affect a person's
ability to obtain employment and education.
Fare evasion arrests disproportionately affect people of color with 92%
of farebeating arrests being people of color. In 2015, 29,198 arrests
were made in the City of New York related to theft of services. Time are
resources by law enforcement can be better spent on more serious crimes
instead of arrests and prosecution for fare evasion. Fare evasion should
be handled as a civil summons by the MTA's Transit Adjudication Bureau
or by the adjudication bureau of the municipality where the theft of
services occurred.
LEGISLATIVE HISTORY:
Introduced 3/3/17 - referred to Codes
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Immediately
