senate Bill S4726

Provides that impersonation of a disabled veteran vendor is a class A misdemeanor

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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 / Apr / 2011
    • REFERRED TO CODES
  • 11 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 13 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1158
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 12 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 30 / May / 2012
    • ORDERED TO THIRD READING CAL.965
  • 31 / May / 2012
    • PASSED SENATE
  • 31 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 31 / May / 2012
    • REFERRED TO CODES

Summary

Provides that impersonation of a disabled veteran vendor, by carrying or possessing a specialized vending license without authority or any form of insignia or by words or actions; designates such impersonation as a class A misdemeanor.

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Bill Details

See Assembly Version of this Bill:
A10550
Versions:
S4726
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง190.25, Pen L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1956, A1640
2011-2012: A1125
2007-2008: A1162

Sponsor Memo

BILL NUMBER:S4726

TITLE OF BILL:
An act
to amend the penal law, in relation to criminal impersonation of a
disabled veteran vendor

PURPOSE:
This bill designates criminal impersonation of a disabled veteran
vendor as a class A misdemeanor.

SUMMARY OF PROVISIONS:
Section 190.25 of the penal law is amended to expand the definition of
second degree criminal impersonation to include the impersonation of
a specially licensed disabled veteran vendor.

JUSTIFICATION:
Those who impersonate disabled veteran vendors in order to illegally
vend are guilty of a shameful, deceitful, and very harmful crime.
Impersonators cause harm to real disabled veteran vendors by stealing
business that is not rightfully theirs and by duping the buying
public into believing that they are supporting a disabled veteran
through their purchase. Making impersonation of a veteran vendor a
class A misdemeanor creates a deterrent to this activity and punishes
impersonators in proportion to their crime.

LEGISLATIVE HISTORY:
2006: S.2485 Passed Senate (61-0)/A.3464 Referred to Cities
2008: S.944 Passed Senate (61-0)/A.1162 Referred to Codes
2009: S.1956 Referred to Codes/A.1640 Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first 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
________________________________________________________________________

                                  4726

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 15, 2011
                               ___________

Introduced  by  Sen. KENNEDY -- 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 criminal impersonation  of
  a disabled veteran vendor

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

  Section 1. Section 190.25 of the penal law, the section heading, open-
ing paragraph, subdivision 3 and closing paragraph as amended by chapter
27 of the laws of 1980, subdivision 4 as added by  chapter  304  of  the
laws of 2008, is amended to read as follows:
S 190.25 Criminal impersonation in the second degree.
  A person is guilty of criminal impersonation in the second degree when
he OR SHE:
  1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
  2.  Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain  a  benefit
or to injure or defraud another; or
  3.  (a)  Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or  facsimile  thereof  by  which
such  public  servant is lawfully distinguished, or falsely expresses by
his OR HER words or actions that he OR SHE is a  public  servant  or  is
acting  with approval or authority of a public agency or department; and
(b) so acts with intent to induce another to submit  to  such  pretended
official  authority,  to  solicit funds or to otherwise cause another to
act in reliance upon that pretense; OR
  4. Impersonates another by communication by internet website or  elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce  another  to  submit to such authority or act in reliance on such
pretense[.]; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00664-01-1

S. 4726                             2

  5. PRETENDS TO BE A DISABLED VETERAN VENDOR, OR CARRIES  OR  POSSESSES
WITHOUT  AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED VEND-
ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
AL BUSINESS LAW ANY FORM OF  INSIGNIA  OR  IDENTIFICATION  OR  FACSIMILE
THEREOF,  OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR
SHE IS A DISABLED VETERAN VENDOR.
  Criminal impersonation in the second degree is a class 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.

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