Destruction shall not include auction, sale or distribution of the items in their original form. § 2. Paragraph (b) of subdivision 8 of section 700.05 of the criminal procedure law, as amended by chapter 496 of the laws of 1991, is amended to read as follows: (b) Any of the following felonies: assault in the second degree as defined in section 120.05 of the penal law, assault in the first degree as defined in section 120. 10 of the penal law, reckless endangerment in the first degree as defined in section 120.25 of the penal law, promoting a suicide attempt as defined in section 120. 30 of the penal law, criminally negligent homicide as defined in section 125. 10 of the penal law, manslaughter in the second degree as defined in section 125.15 of the penal law, manslaughter in the first degree as defined in section 125.20 of the penal law, murder as defined in section 125.25 of the penal law, abortion in the second degree as defined in section 125.40 of the penal law, abortion in the first degree as defined in section 125.45 of the penal law, rape in the third degree as defined in section 130.25 of the penal law, rape in the second degree as defined in section 130.30 of the penal law, rape in the first degree as defined in section 130.35 of the penal law, sodomy in the third degree as defined in section 130.40 of the penal law, sodomy in the second degree as defined in section 130.45 of the penal law, sodomy in the first degree as defined in section 130.50 of the penal law, sexual abuse in the first degree as defined in section 130.65 of the penal law, unlawful imprisonment in the first degree as defined in section 135. 10 of the penal law, kidnapping in the second degree as defined in section 135. 20 of the penal law, ̃kidnapping in the first degree as defined in section 135. 25 of the penal law, custodial interference in the first degree as defined in section 135.50 of the penal law, coercion in the first degree as defined in section 135.65 of the penal law, criminal trespass in the first degree as defined in section 140. 17 of the penal law, burglary in the third degree as defined in section 140. 20 of the penal law, burglary in the second degree as defined in section 140.25 of the penal law, burglary in the first degree as defined in section 140.30 of the penal law, criminal mischief in the third degree as defined in section 145.05 of the penal law, criminal mischief in the second degree as defined in section 145. 10 of the penal law, criminal mischief in the first degree as defined in section 145. 12 of the penal law, criminal tampering in the first degree as defined in section 145.20 of the penal law, arson in the fourth degree as defined in section 150.05 of the penal law, arson in the third degree as defined in section 150. 10 of the penal law, arson in the second degree as defined in section 150. 15 of the penal law, arson in the first degree as defined in section 150.20 of the penal law, grand larceny in the fourth degree as defined in section 155. 30 of the penal law, grand larceny in the third degree as defined in section 155.35 of the penal law, grand larceny in the second degree as defined in section 155.40 of the penal law, grand larceny in the first degree as defined in section 155.42 of the penal law, robbery in the third degree as defined in section 160.05 of the penal law, robbery in the second degree as defined in section 160. 10 of the penal law, robbery in the first degree as defined in section 160. 15 of the penal law, unlawful use of secret scientific material as defined in section 165.07 of the penal law, criminal possession of stolen property in the fourth degree as defined in section 165.45 of the penal law, criminal possession of stolen property in the third degree as defined in section 165.50 of the penal law, criminal possession of stolen property in the second degree as defined by section 165.52 of the penal law, criminal possession of stolen property in the first degree as defined by section 165.54 of the penal law, trademark counterfeiting in the first degree as defined in section 165.73 of the penal law, forgery in the second degree as defined in section 170. 10 of the penal law, forgery in the first degree as defined in section 170. 15 of the penal law, Criminal possession of a forged instrument in the second degree as defined in section 170.25 of the penal law, criminal possession of a forged instrument in the first degree as defined in section 170.30 of the penal law, criminal possession of forgery devices as defined in section 170.40 of the penal law, falsifying business records in the first degree as defined in section 175. 10 of the penal law, tampering with public records in the first degree as defined in section 175.25 of the penal law, offering a false instrument for filing in the first degree as defined in section 175.35 of the penal law, issuing a false certificate as defined in section 175.40 of the penal law, escape in the second degree as defined in section in sec 205. 10 of the penal law, escape in the first degree as defined tion 205.15 of the penal law, absconding from work release in the first degree as defined in section 205. 17 of the penal law, promoting prison contraband in the first degree as defined in section 205. 25 of the penal law, hindering prosecution in the second degree as defined in section 205.60 of the penal law, hindering prosecution in the first degree as defined in section 205.65 of the penal law, criminal possession of a weapon in the third degree as defined in subdivisions two, three, four and five of section 265.02 of the penal law, criminal possession of a weapon in the second degree as defined in section 265.03 of the penal law, criminal possession of a dangerous weapon in the first degree as defined in section 265.04 of the penal law, manufacture, transport, disposition and defacement of weapons and dangerous instruments and pliances defined as felonies in subdivisions one, two, and three of section 265. 10 of the penal law, sections 265. 11, 265. 12 and 265.13 of the penal law, or prohibited use of weapons as defined in subdivision two of section 265.35 of the penal law, relating to firearms and other dangerous weapons; ap § 3. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 491 AN ACT to amend the penal law, in relation to grand larceny, theft of telephone services and scheme to defraud in the second degree. The Became a law July 17, 1992, with the approval of the Governor. 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 7-c to read as follows: 7-c. "Access device" means any telephone calling card number, credit card number, account number or personal identification number that can be used to obtain telephone service. § 2. Section 155.30 of the penal law is amended by adding a new subdivision 10 to read as follows: 10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service. § 3. Subdivisions 5, 6, 7, 8, 9 and 10 of section 165.15 of the penal law are renumbered 6, 7, 8, 9, 10 and 11 respectively and a new subdivision 5 is added to read as follows: or 5. With intent to avoid payment by himself or another person of the lawful charge for any telephone service which is provided for a charge compensation he (a) sells, offers for sale or otherwise makes available, without consent, an existing, canceled or revoked access device; or (b) uses, without consent, an existing, canceled or revoked access device. For purposes of this subdivision access device means any telephone calling card number, credit card number, account number or personal identification number that can be used to obtain telephone service. § 4. The closing paragraph of section 165. 15 of the penal law, as amended by chapter 753 of the laws of 1987, is amended to read as follows: Theft of services is a class A misdemeanor, provided, however, that theft of cable television service as defined by the provisions of paragraphs (a), (c) and (d) of subdivision four of this section, and having a value not in excess of one hundred dollars by a person who has not been previously convicted of theft of services under subdivision four of this section is a violation, [and provided further, however, ], that theft of services under subdivision [eight] nine of this section by a person who has not been previously convicted of theft of services under subdiEXPLANATION-Matter in italics is new; matter in brackets [ ] is old law vision [eight] nine of this section is a violation and provided further, however, that theft of services of any telephone service under paragraph (a) or (b) of subdivision five of this section having a value in excess of one thousand dollars or by a person who has been previously convicted within five years of theft of services under paragraph (a) of subdivision five of this section is a class E felony. § 5. Section 190.60 of the penal law, as added by chapter 384 of the laws of 1976, is amended to read as follows: § 190.60 Scheme to defraud in the second degree. 1. A person is guilty of a scheme to defraud in the second degree when he (a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and [(b)] so obtains property from one or more of such persons; or (b) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain an existing, canceled or revoked access device from more than one person by false or fraudulent pretenses, representations or promises and so obtains an existing, canceled or revoked access device from one or more of such persons. For purposes of this subdivision access device means any telephone calling card number, credit card number, account number or personal identification number that can be used to obtain telephone service. 2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim. Scheme to defraud in the second degree is a class A misdemeanor. 6. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 492 AN ACT to amend the public authorities law and the public health law, in relation to the establishment, financing and construction of a New York state veterans home in western New York, and making an appropriation therefor Became a law July 17, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The second undesignated paragraph of paragraph a of subdivision 2 of section 1680 of the public authorities law, as amended by a chapter of the laws of 1992, amending the public health law, relating to establishing a plan for the management and disbursement of clinical practice income at Roswell Park Cancer Institute, as proposed in legislative bills numbers A. 11089, S. 8770, is amended to read as follows: Each educational institution defined in subdivision one of this section, except the department of health of the state of New York, shall, when authorized by an appropriate resolution adopted by its governing board or, when permitted, adopted by an appropriate committee of such governing board, have power: (i) to convey or cause to be conveyed to the authority real property or rights in real property required in connection with the construction and financing of a dormitory by the authority for such educational institution; or (ii) (ii) to enter into agreements or leases or both with the dormitory authority pursuant to subdivision sixteen of section sixteen hundred seventy-eight of this chapter and to paragraph e of subdivision two of this section, or both, or, in the case of the department of health of the state of New York, providing that legislation or appropriations which specifies the facili ties to be acquired, constructed, reconstructed, rehabilitated or improved for the department of health of the state of New York and the total estimated cost for each such facility, not to exceed four hundred [forty-seven] fifty-three million five hundred thousand dollars in the aggregate, shall have been approved by the legislature, the commissioner of health shall have power: (i) to convey or cause to be conveyed to the authority real property or rights in real property required in connection with the construction and financing of a dormitory by the authority for such educational institution; or (ii) to enter into agreements or leases or both with the dormitory authority pursuant to subdivision sixteen of section sixteen hundred seventy-eight of this chapter and to paragraph e of subdivision two of this section or both. The educational institution for which such dormitory and attendant facility is intended be provided shall approve the plans and specifications and location of such dormitory and attendant facility. The dormitory authority shall have the same power and authority in respect to such dormitories and attendant facilities provided pursuant to this subdivision that it has relative to other dormitories. to § 2. Section 403 of the public health law, as amended by chapter 563 of the laws of 1990, is amended to read as follows: § 403. Hospitals; property; authority to acquire and to hold. The following state hospitals are hereby continued in the department for the purposes for which they have been respectively established: (a) The Helen Hayes hospital; (b) Roswell Park memorial institute; (c) The New York state home for veterans and their dependents at Oxford; (d) The New York state home for veterans in the city of New York; (e) The New York state home for veterans in western New York. 3. The public health law is amended by adding a new section 403-c to read as follows: § 403-c. The New York state home for veterans in western New York. There is hereby established a state home for veterans in western New York. Such home for veterans shall be subject to the provisions of this article except when such provisions are inconsistent with the provisions of article twenty-six-A of this chapter. § 4. Section 2630 of the public health law, as amended by chapter 563 of the laws of 1990. is amended to read as follows: 2630. Purpose. The New York state home for veterans and their dependents at Oxford [and], the New York state home for veterans in the city of New York and the New York state home for veterans in western New York shall be for the care of aged dependent veterans and their spouses, veterans' mothers and fathers, unremarried surviving spouses, and army nurses. § 5. The sum of six million five hundred thousand dollars ($6,500,000), or so much thereof as may be necessary, is hereby appropriated as an advance to the dormitory authority out of any moneys in the state treasury in the general fund to the credit of the capital projects fund, not otherwise appropriated, for the state's share to match the Federal grant anticipated from the Federal Veterans Administration for the project costs for the construction of the New York state home for veterans in western New York. The department of health is hereby authorized to develop plans and to choose a site, and through the dormitory authority of the state of New York, to finance, acquire, design, and construct the New York state home for veterans in western New York. The dormitory authority of the state of New York is hereby authorized to issue its obligation for the purpose of financing the acquisition, design, construction, reconstruction, rehabilitation and improvement of the New York state home for veterans in western New York as established by section 403-c of the public health law, in accordance with the terms of any lease, sublease or other agreements between the dormitory authority of the state of New York and the department of health. Moneys from this appropriation shall be available only upon certification to the director of the division of the budget by the grant recipient that federal funds for the New York state home for veterans in western New York are receivable and available from the Federal Veterans' Administration to support the federal share of the total project costs. § 6. This act shall take effect on the same date as a chapter of the laws of 1992 amending the public health law, relating to establishing a plan for the management and disbursement of clinical practice income at Roswell Park Cancer Institute, as proposed in legislative bills numbers A. 11089, S. 8770, takes effect. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 493 (See REPEAL NOTE at end of Chapter.) AN ACT to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees in the negotiating unit created by chapter 403 of the laws of 1983; to authorize funding of joint labor-management committees; to implement an agreement between the state and an employee organization; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain of the provisions hereof The Became a law July 17, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Paragraph e of subdivision 1 of section 130 of the civil service law is repealed and a new paragraph e is added to read as follows: e. Effective on the dates indicated, salary grades for positions in the competitive, non-competitive and labor classes of the classified service of the state of New York in the collective negotiating unit created by chapter four hundred three of the laws of nineteen hundred eighty-three established pursuant to article fourteen of this chapter shall be as follows: (1) Effective April first, nineteen hundred ninety-one: 10 20460 21415 22370 11 21678 22683 23688 12 22952 23991 250 30 13 16 www. 25235 26703 1005 26069 27108 28147 1039 24346 25430 26514 27598 28682 29766 1084 14 25786 26919 28052 29185 30318 31451 1133 15 27314 28491 29668 30845 32022 33199 1177 28876 30109 31342 32575 33808 35041 1233 17 30532 31833 33134 34435 35736 18 30655 32155 33655 35155 36655 19 32344 33907 35470 37033 38596 40159 20 34030 35658 37286 38914 40542 42170 21 35864 37564 39264 40964 42664 44364 1700 22 37821 39592 41363 43134 44905 46676 1771 23 39850 41694 43538 45382 47226 49070 1844 24 42003 43918 45833 47748 49663 51578 1915 25 44350 46347 48344 50341 52338 54335 1997 26 46716 48794 50872 52950 55028 57106 2078 27 49276 51463 53650 55837 58024 60211 2187 28 51898 54171 56444 58717 60990 63263 2273 29 54647 57007 59367 61727 64087 66447 2360 30 57533 59980 62427 64874 67321 69768 2447 31 60629 63167 65705 68243 70781 32 63883 66506 69129 71752 74375 23325 24280 955 22313 23163 850 23478 24328 850 24728 25578 850 26085 26935 850 24693 25698 |