NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6151A
SPONSOR: Fahy TITLE OF BILL:
An act to amend the penal law, in relation to making the falsification
of COVID-19 vaccination records a crime
PURPOSE:
This legislation creates the crimes of falsification of COVID-19 records
in the first and second degree.
SUMMARY OF PROVISIONS:
Section 1 adds a new section to the Public Health Law, this section
creates a definition for COVID-19 vaccination record card, as well as
for Digital Vaccine Passport. Further this section also states that no
individual shall intentionally falsify or alter either to misrepresent
such individual's history and record of vaccine treatment and that
falsification shall be a crime pursuant to sections further created in
this legislation.
Section 2 adds two new sections to the Penal law to create the penalty
for the falsification of COVID-19 vaccination records in the second
degree when an individual is not a licensed medical professional and
intentionally or knowingly falsifies or alters a COVID-19 vaccination
record card or digital vaccine passport to misrepresent a history and
record of vaccine treatment. This would be a class A misdemeanor. Also
creates the penalty for the falsification of COVID-19 vaccination
records in the first degree when an individual is a licensed medical
professional and intentionally or knowingly falsifies or alters a
COVID-19 vaccination record card or digital vaccine passport to misrep-
resent a history and record of vaccine treatment. This would be a class
E felony.
Section 3 is the effective date.
JUSTIFICATION:
This legislation seeks to protect the assuredness of COVID-19 vaccine
records. Individuals who misrepresent their vaccination history, not
only jeopardize their own health, but the health of all those they come
into contact with. This legislation speaks to the incredibly serious
level of concern COVID-19 brings to our society. By creating a specific
crime for the falsification of records we make it easier for law
enforcement to specifically be able to charge individuals who undertake
nefarious means to receive a COVID-19 vaccination record.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6151--A
2021-2022 Regular Sessions
IN ASSEMBLY
March 10, 2021
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to making the falsification
of COVID-19 vaccination records a crime
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 170.00 of the penal law, as
2 amended by chapter 514 of the laws of 1986, is amended to read as
3 follows:
4 1. "Written instrument" means any instrument or article, including
5 computer data or a computer program, containing written or printed
6 matter or the equivalent thereof, used for the purpose of reciting,
7 embodying, conveying or recording information, or constituting a symbol
8 or evidence of value, right, privilege or identification, which is capa-
9 ble of being used to the advantage or disadvantage of some person. For
10 the purposes of this article, a card provided to a person by a vaccine
11 provider indicating the date a person received a vaccination against
12 COVID-19 as well as the type of vaccine and its lot number shall be
13 considered a written instrument.
14 § 2. Section 156.25 of the penal law, as amended by chapter 89 of the
15 laws of 1993, subdivision 2 as amended by chapter 376 of the laws of
16 1997, is amended to read as follows:
17 § 156.25 Computer tampering in the third degree.
18 A person is guilty of computer tampering in the third degree when he
19 or she commits the crime of computer tampering in the fourth degree and:
20 1. he or she does so with an intent to commit or attempt to commit or
21 further the commission of any felony; or
22 2. he or she has been previously convicted of any crime under this
23 article or subdivision eleven of section 165.15 of this chapter; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07421-07-1
A. 6151--A 2
1 3. he or she intentionally alters in any manner or destroys computer
2 material; or
3 4. he or she intentionally alters in any manner or destroys computer
4 data or a computer program so as to cause damages in an aggregate amount
5 exceeding one thousand dollars; or
6 5. he or she intentionally alters in any manner or destroys computer
7 material indicating that a person did or did not receive a vaccination
8 against COVID-19.
9 Computer tampering in the third degree is a class E felony.
10 § 3. This act shall take effect immediately.
