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S09236 Summary:

BILL NOS09236
 
SAME ASSAME AS A09185
 
SPONSORSCARCELLA-SPANTON
 
COSPNSR
 
MLTSPNSR
 
Amd §240.50, Pen L
 
Includes communications generated using artificial intelligence in the definition of falsely reporting an incident in the third degree.
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S09236 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9236
 
                    IN SENATE
 
                                    February 18, 2026
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- 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 falsely reporting an inci-
          dent 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. Section 240.50 of the penal law, as amended by chapter 276
     2  of the laws of 1973, the opening paragraph and subdivision 4 as  amended
     3  by  section 1 of part G of chapter 501 of the laws of 2012, subdivisions
     4  1 and 2 as amended by chapter 146 of the laws of 1979, subdivision 3  as
     5  amended by chapter 302 of the laws of 2001, and the closing paragraph as
     6  amended  by  chapter  301  of  the  laws  of 2001, is amended to read as
     7  follows:
     8  § 240.50 Falsely reporting an incident in the third degree.
     9    A person is guilty of falsely  reporting  an  incident  in  the  third
    10  degree when, knowing the information reported, conveyed or circulated to
    11  be false or baseless, [he or she] such person:
    12    1.  Initiates or circulates a false report or warning, including using
    13  artificial intelligence or generative artificial intelligence as defined
    14  by section seventeen hundred of the general business law, of an  alleged
    15  occurrence  or impending occurrence of a crime, catastrophe or emergency
    16  under circumstances in which it is not unlikely  that  public  alarm  or
    17  inconvenience will result; or
    18    2.  Reports, by word or action including using artificial intelligence
    19  or generative artificial intelligence as defined  by  section  seventeen
    20  hundred  of  the  general business law, to an official or quasi-official
    21  agency or organization having the function of dealing  with  emergencies
    22  involving danger to life or property, an alleged occurrence or impending
    23  occurrence  of a catastrophe or emergency which did not in fact occur or
    24  does not in fact exist; or
    25    3. Gratuitously reports  to  a  law  enforcement  officer  or  agency,
    26  including  using artificial intelligence or generative artificial intel-
    27  ligence as defined by section seventeen hundred of the general  business
    28  law,  (a) the alleged occurrence of an offense or incident which did not
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13942-01-5

        S. 9236                             2
 
     1  in fact occur; or (b) an allegedly impending occurrence of an offense or
     2  incident which in fact is not about to occur; or (c)  false  information
     3  relating  to an actual offense or incident or to the alleged implication
     4  of some person therein; or
     5    4.  Reports, by word or action including using artificial intelligence
     6  or generative artificial intelligence as defined  by  section  seventeen
     7  hundred  of the general business law, an alleged occurrence or condition
     8  of child abuse or maltreatment or  abuse  or  neglect  of  a  vulnerable
     9  person which did not in fact occur or exist to:
    10    (a) the statewide central register of child abuse and maltreatment, as
    11  defined  in  title  six of article six of the social services law or the
    12  vulnerable persons' central register as defined  in  article  eleven  of
    13  such law, or
    14    (b)  any  person  required to report cases of suspected child abuse or
    15  maltreatment pursuant to subdivision one of section four  hundred  thir-
    16  teen of the social services law or to report cases of suspected abuse or
    17  neglect  of a vulnerable person pursuant to section four hundred ninety-
    18  one of such law, knowing that the person  is  required  to  report  such
    19  cases,  and  with the intent that such an alleged occurrence be reported
    20  to the statewide central register or vulnerable persons' central  regis-
    21  ter.
    22    Falsely  reporting an incident in the third degree is a class A misde-
    23  meanor.
    24    § 2. This act shall take effect immediately.
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