Establishes the crime of coronavirus related fraud; requires sentences for such crime be run consecutively to any crime arising from the same criminal transaction.
STATE OF NEW YORK
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8228
IN SENATE
April 27, 2020
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Introduced by Sen. JACOBS -- 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 establishing the crime of
coronavirus related fraud
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 190.91 to
2 read as follows:
3 § 190.91 Coronavirus related fraud.
4 A person is guilty of coronavirus related fraud when he or she know-
5 ingly commits or attempts to commit any crime under this title or title
6 J of this part and the acts taken to commit or attempt to commit such
7 crime related to the coronavirus.
8 Coronavirus related fraud is a class A misdemeanor.
9 § 2. Section 70.25 of the penal law is amended by adding a new subdi-
10 vision 2-h to read as follows:
11 2-h. Whenever a person is convicted of coronavirus related fraud as
12 defined in section 190.91 of this chapter, the sentence imposed by the
13 court for such offense shall be ordered to run consecutively to any
14 sentence imposed upon conviction of an offense defined in title K or
15 title J of this chapter arising from the same criminal transaction.
16 § 3. The penal law is amended by adding a new section 80.20 to read as
17 follows:
18 § 80.20 Special fines.
19 Notwithstanding this article, whenever a person is convicted of coro-
20 navirus related fraud as defined in section 190.91 of this chapter, the
21 sentence to pay a fine shall be a sentence to pay an amount, fixed by
22 the court, not exceeding the higher of:
23 1. double the highest fine the court could impose for any of the
24 convictions under this article for any crimes under title K or title J
25 of this chapter arising from the same criminal transaction as the coro-
26 navirus related fraud; or
27 2. the highest fine the court could impose for any of the convictions
28 under this article.
29 § 4. This act shall take effect on the first of November next succeed-
30 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.
LBD16058-01-0
