NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4163
SPONSOR: Kearns TITLE OF BILL: An act to amend the penal law, in relation to theft of
services from barbershops, salons and beauty shops
PURPOSE: To provide protection and allow for criminal action against
those who steal barbershop and salon services.
SUMMARY OF PROVISIONS: Section 165.15 of the Penal Law is amended to
provide barbershop and salon service providers protection against those
who steal their services. Currently, neither the District Attorneys
offices nor the police are able to bring theft of services criminal
charges on behalf of this group of merchants.
JUSTIFICATION: In the economic downturn it has become harder for small
service businesses to make ends meet or turn a profit. Hair salons and
barbershops have come under significant financial stress with customers
obtaining the service then walking out of the shop without paying. When
reported to police officers shop owners are met with the reply that
there is no criminal action or proceeding which can take place against
those that steal these services because barbershops and salons are not
one of the enumerated groups in the Penal Law's Theft of Services stat-
ute. This group of small businesses is no different than a super market
or clothes retailer who would be able to bring a criminal prosecution
for Petit Larceny against those who steal their products. In order to
make the law evenhanded and provide protection to those merchants who
provide a product that is not material the Penal Law needs to be
amended.
LEGISLATIVE HISTORY: New Bill
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately after the bill has become law.
STATE OF NEW YORK
________________________________________________________________________
4163
2015-2016 Regular Sessions
IN ASSEMBLY
January 29, 2015
___________
Introduced by M. of A. KEARNS -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to theft of services from
barbershops, salons and beauty shops
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 165.15 of the penal law is amended by adding a new
2 subdivision 12 to read as follows:
3 12. With intent to avoid payment for services rendered by a barber-
4 shop, salon or beauty shop, he or she avoids or attempts to avoid such
5 payment by unjustifiable failure or refusal to pay, by stealth, or by
6 any misrepresentation of fact which he or she knowns to be false. A
7 person who fails or refuses to pay for such services is presumed to have
8 intended to avoid payment therefor.
9 § 2. This act shall take effect on the ninetieth day after it shall
10 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08399-01-5
