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S08485 Summary:

BILL NOS08485
 
SAME ASSAME AS A08381
 
SPONSORWEBER
 
COSPNSROBERACKER
 
MLTSPNSR
 
Amd §190.26, Pen L
 
Includes impersonation of a firefighter in the definition of criminal impersonation in the first degree.
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S08485 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8485
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     August 20, 2025
                                       ___________
 
        Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the penal law, in relation to criminal impersonation  in
          the first degree
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 190.26 of the penal law, as amended by chapter 2 of
     2  the laws of 1998, and subdivision 1 as amended by  chapter  434  of  the
     3  laws of 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] such person:
     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
    12  her]  words  or  actions that [he or she] such person is acting with the
    13  approval or authority of any police department or acting  as  a  federal
    14  law  enforcement  officer  with  the approval of any agency that employs
    15  federal law enforcement officers as enumerated in section  2.15  of  the
    16  criminal procedure law; and
    17    [2.  So]  (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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10791-01-5

        S. 8485                             2
 
     1  prescription which is required to be  reduced  to  writing  pursuant  to
     2  section thirty-three hundred thirty-two of the public health law; or
     3    3.(a)  Pretends  to  be  a  firefighter, or wears or displays, without
     4  authority, any uniform, badge, insignia or facsimile  thereof  by  which
     5  such  public  servant is lawfully distinguished, or falsely expresses by
     6  words or actions that such person is a public servant or is acting  with
     7  approval or authority of a public agency or department; and
     8    (b)  while  doing so obstructs a firefighter, police officer, or peace
     9  officer in performing their duties in circumstances  involving  imminent
    10  danger created by a fire, an explosion, threat of explosion or the pres-
    11  ence of toxic fumes or gases.
    12    Criminal impersonation in the first degree is a class E felony.
    13    §  2.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.
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