senate Bill S41

Changes the penalty for practicing or appearing as an attorney-at-law without being admitted and registered to a felony

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO JUDICIARY
  • 27 / Jan / 2009
    • REPORTED AND COMMITTED TO CODES
  • 10 / Feb / 2009
    • 1ST REPORT CAL.21
  • 11 / Feb / 2009
    • 2ND REPORT CAL.
  • 23 / Feb / 2009
    • ADVANCED TO THIRD READING
  • 04 / Mar / 2009
    • PASSED SENATE
  • 04 / Mar / 2009
    • DELIVERED TO ASSEMBLY
  • 04 / Mar / 2009
    • REFERRED TO JUDICIARY
  • 06 / Jan / 2010
    • DIED IN ASSEMBLY
  • 06 / Jan / 2010
    • RETURNED TO SENATE
  • 06 / Jan / 2010
    • REFERRED TO JUDICIARY
  • 26 / Jan / 2010
    • REPORTED AND COMMITTED TO CODES
  • 08 / Jun / 2010
    • 1ST REPORT CAL.822
  • 09 / Jun / 2010
    • 2ND REPORT CAL.
  • 10 / Jun / 2010
    • ADVANCED TO THIRD READING
  • 15 / Jun / 2010
    • PASSED SENATE
  • 15 / Jun / 2010
    • DELIVERED TO ASSEMBLY
  • 15 / Jun / 2010
    • REFERRED TO JUDICIARY

Summary

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Bill Details

See Assembly Version of this Bill:
A1643
Versions:
S41
Legislative Cycle:
2009-2010
Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law

Sponsor Memo

BILL NUMBER: S41

TITLE OF BILL :
An act to amend the judiciary law, in relation to practicing or
appearing as an attorney-at-law without being admitted and registered


PURPOSE :
The purpose of this legislation is to amend the Judiciary Law to make
the unlawful practice of law a class E felony.

SUMMARY OF PROVISIONS :
Section one of this legislation would amend section 478 of the
Judiciary Law to provide that any person practicing or appearing as an
attorney-at-law or as an attorney and counselor-at-law (or equivalent
terms) without having first been duly and regularly licensed and
admitted to practice law in the courts of record of this state, and
without having taken the constitutional oath would be guilty of a
class E felony.

Section two would amend section 485 of the Judiciary Law, to remove
section 478 from the sections which if violated would constitute a
misdemeanor.

EXISTING LAW :
Currently, those persons who hold themselves out as an attorney-at-law
or counselor-at-law without being admitted and registered are guilty
of a misdemeanor.

JUSTIFICATION :
The purpose of this legislation is to provide consistency within the
law regarding the unauthorized practice of a profession. Under section
6512 of the Education Law, anyone not authorized to practice under
Title VIII who practices or holds himself (or herself) out as being
able to practice in any profession for which a license is required
commits a class E felony. Examples of those professionals licensed
under Title VIII of the Education Law include physicians,
chiropractors, dentists, veterinarians, physical therapists,
pharmacists, registered professional nurses, licensed practical
nurses, licensed master social workers, certified public accountants.
landscape architects, certified shorthand reporters, etc.

Licenses and registration ensure the public that a certain level of
competency has been achieved to practice within a profession.
Certainly, the unlawful practice of law should constitute a crime
equivalent to the unauthorized practice of a profession.

LEGISLATIVE HISTORY :
2005-2006 Passed Senate (S.1865/A.5l69).
2007-2008 Passed Senate (S.2358/A.8563).

FISCAL IMPLICATIONS :
None to the State.

EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.
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