senate Bill S1926

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

  • 14 / Jan / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

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

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Bill Details

Versions:
S1926
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง190.23, Pen L
Versions Introduced in 2009-2010 Legislative Cycle:
S778

Sponsor Memo

BILL NUMBER:S1926

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
2009-2010 - Referred to Codes

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.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1926

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- 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 the crime of false  perso-
  nation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190.23 of the penal law, as added by chapter 69  of
the laws of 1997, is amended to read as follows:
S 190.23 False personation.
  A  person is guilty of false personation when [after being informed of
the consequences of such act,] he or she knowingly misrepresents his  or
her  actual  name, date of birth or address to a police officer or peace
officer with intent to prevent such police officer or peace officer from
ascertaining such information.
  False personation is a class [B] A misdemeanor.
  S 2. This act shall take effect on the first of November next succeed-
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.
                                                           LBD06291-01-1

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