S09154 Summary:

BILL NOS09154A
 
SAME ASSAME AS A01818-C
 
SPONSORSKOUFIS
 
COSPNSR
 
MLTSPNSR
 
Amd §§10.00, 190.25 & 60.35, Pen L
 
Provides that a person is guilty of criminal impersonation in the second degree when a person pretends to be a servicemember or former servicemember, or a first responder, or as having received a decoration or medal; establishes a stolen valor fee.
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S09154 Actions:

BILL NOS09154A
 
05/01/2024REFERRED TO CODES
05/21/2024AMEND (T) AND RECOMMIT TO CODES
05/21/2024PRINT NUMBER 9154A
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S09154 Committee Votes:

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S09154 Floor Votes:

There are no votes for this bill in this legislative session.
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S09154 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9154--A
 
                    IN SENATE
 
                                       May 1, 2024
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the penal law, in relation to  criminal impersonation in
          the second degree and establishes a stolen valor fee

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 10.00 of the penal law is amended  by  adding  five
     2  new subdivisions 23, 24, 25, 26 and 27 to read as follows:
     3    23. "Military or reserves" means (a) the United States army, navy, air
     4  force,  marines,  space  force,  coast  guard, commissioned corps of the
     5  National Oceanic and Atmospheric Administration, commissioned  corps  of
     6  the Public Health Service,  and the reserve components thereof including
     7  the army national guard and air national guard or (b) the New York guard
     8  or the New York naval militia, or the organized militia or defense force
     9  of  any  other  state, territory or the District of Columbia, or (c) any
    10  group designated by the  federal  government  as  performing  or  having
    11  performed  active military, naval, air, or space service for purposes of
    12  eligibility for benefits administered by the United States department of
    13  veterans affairs.
    14    24.  "Servicemember" means a person serving as a member of  the  mili-
    15  tary or reserves.
    16    25.  "Former  servicemember"  means  a  person who was a member of the
    17  military or reserves as defined  in  subdivision  twenty-three  of  this
    18  section and who was discharged or released therefrom.
    19    26.  "First  responder"  means a firefighter, law enforcement officer,
    20  paramedic, emergency medical technician, emergency services  dispatcher,
    21  or  other  individual, whether compensated or not, who, in the course of
    22  their professional or  volunteer  duties,  responds  to  fire,  medical,
    23  hazardous material, or other similar emergencies.
    24    27.  "First responder agency" means a state or local district, munici-
    25  pality, or other political subdivision  or  volunteer  organization  for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00836-08-4

        S. 9154--A                          2
 
     1  which  a  first  responder provides fire protection, paramedic services,
     2  law enforcement, emergency services, or rescue or recovery services.
     3    §  2.    Subdivision 5 of section 190.25 of the penal law, as added by
     4  chapter 739 of the laws of 2021, is amended and two new  subdivisions  6
     5  and 7 are added to read as follows:
     6    5.  Impersonates  another  person, without such other person's permis-
     7  sion, by using the other person's electronic signature  with  intent  to
     8  obtain  a  benefit  or  injure  or  defraud  the other person or another
     9  person. For the purposes of this subdivision, electronic signature shall
    10  have the same meaning as set forth in subdivision three of section three
    11  hundred two of the state technology law[.]; or
    12    6. (a) Pretends to be a  servicemember  or  former  servicemember,  or
    13  wears  or displays without authority, any uniform, badge or other insig-
    14  nia or facsimile thereof by which such servicemember or former servicem-
    15  ember is lawfully distinguished, or falsely holds oneself out  to  be  a
    16  recipient  of a decoration or medal created by federal or state laws and
    17  regulations to honor servicemembers or former servicemembers or  falsely
    18  expresses by such person's words or actions that such person is a servi-
    19  cemember or former servicemember or is acting with approval or authority
    20  of  the  military  or  reserves; and (b) so acts with intent to obtain a
    21  benefit or to injure or defraud another or induce another to  submit  to
    22  such  pretended  official  authority,  to  solicit funds or to otherwise
    23  cause another to act in reliance upon that pretense; or
    24    7. (a) Pretends to be a first responder, or wears or displays  without
    25  authority  any  uniform,  badge,  insignia or facsimile thereof by which
    26  such first responder is lawfully distinguished, or falsely holds oneself
    27  out to be a recipient of a decoration or medal  created  by  federal  or
    28  state  laws  and  regulations  to  honor  first  responders,  or falsely
    29  expresses by such person's words or actions that such person is a  first
    30  responder  or  is acting with approval or authority of a first responder
    31  agency; and (b) so acts with intent to obtain a benefit or to injure  or
    32  defraud  another  or induce another to submit to such pretended official
    33  authority, to solicit funds or to otherwise  cause  another  to  act  in
    34  reliance upon that pretense.
    35    §  3.  Subdivisions  1,  2 and 3 of section 60.35 of the penal law, as
    36  amended by section 1 of part E of  chapter  56  of  the  laws  of  2004,
    37  subparagraphs  (i),  (ii) and (iii) of paragraph (a) of subdivision 1 as
    38  amended by section 1 of part DD of chapter 56 of the laws  of  2008  and
    39  paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
    40  2006, are amended to read as follows:
    41    1. (a) Except as provided in section  eighteen  hundred  nine  of  the
    42  vehicle  and  traffic law and section 27.12 of the parks, recreation and
    43  historic preservation law, whenever  proceedings  in  an  administrative
    44  tribunal or a court of this state result in a conviction for a felony, a
    45  misdemeanor, or a violation, as these terms are defined in section 10.00
    46  of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
    47  surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
    48  crime  victim  assistance fee, and a stolen valor fee in addition to any
    49  sentence required or permitted by law, in accordance with the  following
    50  schedule:
    51    (i)  a person convicted of a felony shall pay a mandatory surcharge of
    52  three hundred dollars and a crime victim assistance fee  of  twenty-five
    53  dollars;
    54    (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
    55  surcharge of one hundred seventy-five dollars and a crime victim assist-
    56  ance fee of twenty-five dollars;

        S. 9154--A                          3
 
     1    (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
     2  surcharge  of  ninety-five  dollars and a crime victim assistance fee of
     3  twenty-five dollars;
     4    (iv) a person convicted of a sex offense as defined by subdivision two
     5  of section one hundred sixty-eight-a of the correction law or a sexually
     6  violent  offense  as defined by subdivision three of section one hundred
     7  sixty-eight-a of the correction law shall, in addition  to  a  mandatory
     8  surcharge  and crime victim assistance fee, pay a sex offender registra-
     9  tion fee of fifty dollars[.];
    10    (v) a person convicted of a designated offense as defined by  subdivi-
    11  sion  seven  of  section  nine  hundred ninety-five of the executive law
    12  shall, in addition to a mandatory surcharge and crime victim  assistance
    13  fee, pay a DNA databank fee of fifty dollars[.];
    14    (vi)  a person convicted of any offense pursuant to subdivision six or
    15  seven of section 190.25 of this chapter shall, in addition to a mandato-
    16  ry surcharge and crime victim assistance fee, pay any other fee required
    17  by this article, and pay a stolen valor fee in the amount of two hundred
    18  fifty dollars.
    19    (b) When the felony or misdemeanor conviction  in  subparagraphs  (i),
    20  (ii)  or  (iv)  of  paragraph  (a)  of  this subdivision results from an
    21  offense contained in article one hundred thirty of this chapter,  incest
    22  in  the  third,  second  or  first degree as defined in sections 255.25,
    23  255.26 and 255.27 of this chapter or an offense contained in article two
    24  hundred sixty-three of this chapter, the person convicted  shall  pay  a
    25  supplemental sex offender victim fee of one thousand dollars in addition
    26  to the mandatory surcharge and any other fee.
    27    2.  Where  a  person  is convicted of two or more crimes or violations
    28  committed through a single act or omission, or through an act  or  omis-
    29  sion  which  in  itself  constituted one of the crimes or violations and
    30  also was a material element of the  other,  the  court  shall  impose  a
    31  mandatory  surcharge and a crime victim assistance fee, and where appro-
    32  priate a supplemental sex offender victim fee or a stolen valor fee,  in
    33  accordance  with  the  provisions  of  this  section  for  the  crime or
    34  violation  which  carries  the  highest  classification,  and  no  other
    35  sentence to pay a mandatory surcharge, crime victim assistance fee [or],
    36  supplemental  sex offender victim fee, or a stolen valor fee required by
    37  this section shall be imposed.  Where a person is convicted  of  two  or
    38  more  sex  offenses or sexually violent offenses, as defined by subdivi-
    39  sions two  and  three  of  section  one  hundred  sixty-eight-a  of  the
    40  correction  law,  committed through a single act or omission, or through
    41  an act or omission which in itself constituted one of the  offenses  and
    42  also  was  a  material element of the other, the court shall impose only
    43  one sex offender registration fee. Where a person is convicted of two or
    44  more designated offenses, as defined by  subdivision  seven  of  section
    45  nine  hundred  ninety-five  of  the  executive  law, committed through a
    46  single act or omission, or through an act or omission  which  in  itself
    47  constituted  one  of the offenses and also was a material element of the
    48  other, the court shall impose only one DNA databank fee.
    49    3. The mandatory surcharge, sex offender registration fee,  DNA  data-
    50  bank  fee,  crime victim assistance fee, [and] supplemental sex offender
    51  victim fee, and stolen valor fee provided for in subdivision one of this
    52  section shall be paid to the clerk of the court or administrative tribu-
    53  nal that rendered the conviction. Within the first ten days of the month
    54  following collection of the mandatory surcharge, crime victim assistance
    55  fee, and supplemental sex offender victim fee, the collecting  authority
    56  shall  determine the amount of mandatory surcharge, crime victim assist-

        S. 9154--A                          4
 
     1  ance fee, [and] supplemental sex offender victim fee, and  stolen  valor
     2  fee  collected  and,  if  it is an administrative tribunal, or a town or
     3  village justice court, it shall then pay such money to the  state  comp-
     4  troller  who  shall deposit such money in the state treasury pursuant to
     5  section one hundred twenty-one of the state finance law to the credit of
     6  the criminal justice improvement account established by section  ninety-
     7  seven-bb  of  the  state  finance  law. Within the first ten days of the
     8  month following collection of the sex offender registration fee and  DNA
     9  databank fee, the collecting authority shall determine the amount of the
    10  sex  offender registration fee and DNA databank fee collected and, if it
    11  is an administrative tribunal, or a town or village  justice  court,  it
    12  shall  then  pay  such  money to the state comptroller who shall deposit
    13  such money in the state treasury pursuant to section one  hundred  twen-
    14  ty-one  of  the  state finance law to the credit of the general fund. If
    15  such collecting authority is  any  other  court  of  the  unified  court
    16  system, it shall, within such period, pay such money attributable to the
    17  mandatory  surcharge or crime victim assistance fee to the state commis-
    18  sioner of taxation and finance to the credit  of  the  criminal  justice
    19  improvement  account established by section ninety-seven-bb of the state
    20  finance law.  If such collecting authority is any  other  court  of  the
    21  unified  court  system,  it  shall,  within  such period, pay such money
    22  attributable to the sex offender registration fee and the  DNA  databank
    23  fee  to  the state commissioner of taxation and finance to the credit of
    24  the general fund. Notwithstanding any other provision of  this  subdivi-
    25  sion, all monies paid to the state comptroller or to the commissioner of
    26  taxation  and finance which are attributable to monies collected for the
    27  stolen valor fee shall be credited to the veterans remembrance and ceme-
    28  tery maintenance and operation  fund  established  pursuant  to  section
    29  ninety-seven-mmmm of the state finance law.
    30    § 4. This act shall take effect immediately.
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