Establishes presumption that a person who possesses two or more stolen or forged public assistance identification cards knows such cards are either stolen or forged instruments and are intended to defraud, deceive or injure another.
STATE OF NEW YORK
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7639
2009-2010 Regular Sessions
IN ASSEMBLY
April 17, 2009
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Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A.
CALHOUN, GALEF, MAGEE, PHEFFER, SWEENEY -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to criminal possession of
public assistance identification cards
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 165.55 of the penal law is amended by adding a new
2 subdivision 5 to read as follows:
3 5. A person who possesses two or more stolen public assistance iden-
4 tification cards is presumed to know that such public assistance iden-
5 tification cards were stolen.
6 § 2. Section 170.27 of the penal law, as amended by chapter 556 of the
7 laws of 1987, is amended to read as follows:
8 § 170.27 Criminal possession of a forged instrument in the second
9 degree; presumption.
10 1. A person who possesses two or more forged instruments, each of
11 which purports to be a credit card or debit card, as those terms are
12 defined in subdivisions seven and seven-a of section 155.00, is presumed
13 to possess the same with knowledge that they are forged and with intent
14 to defraud, deceive or injure another.
15 2. A person who possesses two or more forged instruments, each of
16 which purports to be a public assistance identification card, as defined
17 in subdivision nine of section one hundred thirty-one of the social
18 services law, is presumed to possess the same with knowledge that they
19 are forged and with intent to defraud, deceive or injure another.
20 § 3. This act shall take effect on the first of November next succeed-
21 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10714-01-9
