A06151 Summary:

BILL NOA06151A
 
SAME ASNo Same As
 
SPONSORFahy
 
COSPNSR
 
MLTSPNSR
 
Amd §§170.00 & 156.25, Pen L
 
Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.
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A06151 Actions:

BILL NOA06151A
 
03/10/2021referred to health
06/04/2021amend (t) and recommit to health
06/04/2021print number 6151a
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A06151 Committee Votes:

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A06151 Floor Votes:

There are no votes for this bill in this legislative session.
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A06151 Memo:

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.
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A06151 Text:



 
                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.
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