senate Bill S778

Removes requirement that person be informed of the consequences of such act to be guilty of the crime of false personation; raises penalty from class B to class A

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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

  • 15 / Jan / 2009
    • REFERRED TO CODES
  • 06 / Jan / 2010
    • REFERRED TO CODES

Summary

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Bill Details

Versions:
S778
Legislative Cycle:
2009-2010
Current Committee:
Senate Codes
Law Section:
Penal Law

Sponsor Memo

BILL NUMBER: S778

TITLE OF BILL :
An act to amend the penal law, in relation to the crime of false
personation


PURPOSE :
To strengthen the penalty for knowingly misrepresenting an
individual's identity to a police officer.

SUMMARY OF PROVISIONS :
Section 1: removes the requirement that a person must be informed of
the consequences of knowingly misrepresenting himself or herself to a
police officer. Therefore, the statute would only require that an
individual knowingly misrepresent their identity to a police officer.
This legislation changes the crime of false personation from a "B" to
an "A" misdemeanor.

EXISTING LAW :
A person is guilty of false personation when after being informed of
the consequences of the act, he or she knowingly misrepresents his or
her identity to a police officer. Currently, this offense is a "B"
misdemeanor.

JUSTIFICATION :
This legislation removes the unnecessary requirement that an
impersonator be informed of the consequences of his or her actions
before they may be considered guilty of false personation. Also, the
bill stiffens the penalty for such an offense. Stealing a person's
identity to avoid prosecution for a crime is a serious offense which
warrants severe punishment.

The impetus for this legislation was an incident in Rochester where an
arrested individual used an innocent man's identity to conceal his
true name and address from the police. It took the innocent man a
great deal of time and effort to clear his name of this incident.
Under the current law, the false impersonator would receive only up to
a $500 fine or three months in prison.

This legislation not only would make it easier to prove that an
individual committed this offense but also would provide that the
crime of false personation is appropriately punished.

LEGISLATIVE HISTORY :
2007-2008 - Passed Senate

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.
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