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S00759 Summary:

BILL NOS00759
 
SAME ASNo same as
 
SPONSORFUSCHILLO
 
COSPNSRGALLIVAN, LARKIN, MAZIARZ
 
MLTSPNSR
 
Amd SS190.00, 190.26, 155.35 & 190.25, add S190.24, Pen L
 
Creates class E felony of false personation at a transportation facility or public place as the knowing misrepresentation of one's name, address or date of birth to another person with intent to gain access to that portion of a public place or transportation facility, admission to which requires proof of identity; includes within the class E felony of criminal impersonation in the first degree the impersonation of another person with intent to gain access to that portion of a public place or transportation facility, admission to which requires proof of identity.
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S00759 Actions:

BILL NOS00759
 
01/09/2013REFERRED TO CODES
02/28/20131ST REPORT CAL.119
03/04/20132ND REPORT CAL.
03/05/2013ADVANCED TO THIRD READING
03/06/2013PASSED SENATE
03/06/2013DELIVERED TO ASSEMBLY
03/06/2013referred to codes
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S00759 Floor Votes:

There are no votes for this bill in this legislative session.
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S00759 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           759
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens. FUSCHILLO, GALLIVAN, LARKIN, MAZIARZ -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Codes
 
        AN ACT to amend the penal law, in  relation  to  false  personation  and

          impersonation committed to gain admission to a transportation facility
          or  public place and impersonation of a pilot or member of an aviation
          flight or ground crew; and in relation to including theft of an  offi-
          cial law enforcement or fire department identification under the crime
          of grand larceny in the third degree
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  The section heading of section 190.00 of the penal law  is
     2  amended and two new subdivisions 8 and 9 are added to read as follows:
     3    [Issuing a bad check] Other frauds; definitions of terms.
     4    8.  "Public  place" shall have the same meaning as is ascribed to such
     5  term by subdivision one of section 240.00 of this part.

     6    9. "Transportation  facility"  shall  have  the  same  meaning  as  is
     7  ascribed to such term by subdivision two of section 240.00 of this part.
     8    §  2.  The penal law is amended by adding a new section 190.24 to read
     9  as follows:
    10  § 190.24 False personation at a transportation facility or public place.
    11    A person is guilty of false personation at a  transportation  facility
    12  or public place when he or she knowingly misrepresents his or her actual
    13  name,  date  of  birth  or  address to another person with the intent to
    14  obtain admittance into or upon that portion of a transportation facility
    15  or public place, admission to which requires proof of identity.
    16    False personation at a transportation facility or public  place  is  a
    17  class E felony.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01403-01-3

        S. 759                              2
 
     1    §  3.  Section 190.26 of the penal law, as amended by chapter 2 of the
     2  laws of 1998, subdivision 1 as amended by chapter 434  of  the  laws  of
     3  2008, is amended to read as follows:
     4  § 190.26 Criminal impersonation in the first degree.
     5    A  person is guilty of criminal impersonation in the first degree when
     6  he or she:
     7    1. (a) Pretends to be a police officer or a  federal  law  enforcement
     8  officer  as enumerated in section 2.15 of the criminal procedure law, or
     9  wears or displays without authority, any uniform, badge or other  insig-

    10  nia  or  facsimile  thereof, by which such police officer or federal law
    11  enforcement officer is lawfully distinguished or expresses by his or her
    12  words or actions that he or she is acting with the approval or authority
    13  of any police department or acting as a federal law enforcement  officer
    14  with  the  approval  of  any agency that employs federal law enforcement
    15  officers as enumerated in section 2.15 of the  criminal  procedure  law;
    16  and
    17    [2.]  (b)  So  acts  with  intent  to induce another to submit to such
    18  pretended official authority or otherwise to act in reliance  upon  said
    19  pretense  and  in  the  course  of  such pretense commits or attempts to
    20  commit a felony; or
    21    [3.] 2. Pretending to be a duly licensed  physician  or  other  person
    22  authorized  to  issue  a  prescription for any drug or any instrument or

    23  device used in  the  taking  or  administering  of  drugs  for  which  a
    24  prescription  is  required  by law, communicates to a pharmacist an oral
    25  prescription which is required to be  reduced  to  writing  pursuant  to
    26  section thirty-three hundred thirty-two of the public health law[.]; or
    27    3. Impersonates another and does an act in such assumed character with
    28  intent  to  obtain admittance into or upon that portion of a transporta-
    29  tion facility or public place, admission  to  which  requires  proof  of
    30  identity.
    31    Criminal impersonation in the first degree is a class E felony.
    32    § 4. Section 155.35 of the penal law, as amended by chapter 464 of the
    33  laws of 2010, is amended to read as follows:
    34  § 155.35 Grand larceny in the third degree.

    35    A person is guilty of grand larceny in the third degree when he or she
    36  steals property and:
    37    1.  when  the value of the property exceeds three thousand dollars[,];
    38  or
    39    2. the property is an automated teller machine or the contents  of  an
    40  automated teller machine; or
    41    3.  the  property  consists  of  an  official  law enforcement or fire
    42  department identification issued by a federal, state  or  municipal  law
    43  enforcement agency or fire department.
    44    Grand larceny in the third degree is a class D felony.
    45    § 5. Section 190.25 of the penal law is amended by adding a new subdi-
    46  vision 5 to read as follows:
    47    5. When upon an aircraft or in an airport, pretends to be a pilot or a
    48  member  of  an  aviation  flight  or  ground crew, or wears, displays or

    49  possesses without authority, any uniform, badge,  insignia,  identifica-
    50  tion  or  facsimile  thereof  by which such pilot, flight or ground crew
    51  member is distinguished; or falsely expresses by his  or  her  words  or
    52  actions that he or she is a pilot or flight or ground crew member, or is
    53  acting with the approval or authority of any airline, airport, transpor-
    54  tation authority or aviation regulatory agency.
    55    § 6. This act shall take effect on the first of November next succeed-
    56  ing the date on which it shall have become a law.
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