Adds impersonation of board of elections members or other election officers, or an employee thereof, to the crime of criminal impersonation in the first degree.
STATE OF NEW YORK
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7661
2023-2024 Regular Sessions
IN SENATE
September 20, 2023
___________
Introduced by Sen. WALCZYK -- 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 the crime of 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 laws
3 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:
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 2. (a) Pretends to be a member of a board of elections or an election
22 officer, as such terms are defined by section 1-104 of the election law,
23 or an employee thereof; and
24 (b) So acts with intent to cause another to act in reliance upon such
25 pretense; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13185-02-3
S. 7661 2
1 3. Pretending to be a duly licensed physician or other person author-
2 ized to issue a prescription for any drug or any instrument or device
3 used in the taking or administering of drugs for which a prescription is
4 required by law, communicates to a pharmacist an oral prescription which
5 is required to be reduced to writing pursuant to section thirty-three
6 hundred thirty-two of the public health law.
7 Criminal impersonation in the first degree is a class E felony.
8 § 2. This act shall take effect on the first of November next succeed-
9 ing the date on which it shall have become a law.
