senate Bill S6292

Prohibits the criminal sale of forged instruments

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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

  • 20 / Jan / 2012
    • REFERRED TO CODES
  • 08 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 30 / May / 2012
    • ORDERED TO THIRD READING CAL.968
  • 31 / May / 2012
    • PASSED SENATE
  • 31 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 31 / May / 2012
    • REFERRED TO CODES
  • 14 / Jun / 2012
    • RECALLED FROM ASSEMBLY
  • 14 / Jun / 2012
    • RETURNED TO SENATE
  • 14 / Jun / 2012
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 14 / Jun / 2012
    • AMENDED ON THIRD READING (T) 6292A
  • 18 / Jun / 2012
    • AMEND BY RESTORING TO ORIGINAL PRINT 6292
  • 18 / Jun / 2012
    • REPASSED SENATE
  • 18 / Jun / 2012
    • RETURNED TO ASSEMBLY

Summary

Prohibits the sale of forged instruments; includes the sale and manufacture of government issued documents in the class C felony of forgery in the first degree.

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Bill Details

Versions:
S6292
Legislative Cycle:
2011-2012
Law Section:
Penal Law
Laws Affected:
Amd §§170.00 - 170.15, 170.25 & 170.30, add §170.26, Pen L

Sponsor Memo

BILL NUMBER:S6292

TITLE OF BILL:
An act
to amend the penal law, in relation to forged instruments and the sale
thereof

PURPOSE OF THE BILL:
Prohibits the sale of forged instruments and includes the sale and
manufacture of government issued documents in class C felony of
forgery in the first degree.

SUMMARY OF PROVISIONS OF BILL:
Section 1 amends penal law § 170.00 by adding new subdivision 9
defining the term sell.

Section 2 amends penal law § 170.05, forgery in the third degree, an A
misdemeanor, to include the sale of a forged instrument.

Section 3 amends penal law § 170.10, forgery in the second degree, a D
Felony, to include the sale of a forged instrument and removes
government documents from the list of second degree forgeries.

Section 4 amends penal law § 170.15, forgery in the first degree, a C
felony, to include the sale of a forged instrument and includes
government documents within the list of first degree forgeries.

Section 5 adds penal law § 170.26 creating a presumption that a person
who possesses two or more forged government documents depicting a
person other than himself intends to sell said forged documents.

Sections 6 and 7 clarify that possession of a forged government
document remains a second degree crime, punishable as a D felony.

Section 8 establishes the effective date.

JUSTIFICATION:
The manufacture and sale of forged government documents ("Fake IDs")
facilitate a broad array of serious harms locally, statewide and on a
national level. These include relatively minor but socially damaging
harms like public nuisance and quality of life violations, as well as
indisputably grave ills such as identity theft and fraud, increased
alcohol related fatalities among minors, and the evasion of detection
by sex offenders, drunken drivers, and aliens with violent criminal
records. Fake IDs have even played critical roles in a number of
terrorist plots, some of which have been thwarted, others of which
have ended in tragedy.

Over the past several years, multiple media outlets have published
reports on the open sale of Fake IDs on the street comers of
Roosevelt Avenue, right in the heart of my district. This sort of
open lawlessness is what prevents Roosevelt Avenue from realizing its
potential as a thriving commercial area. Just recently, a group of
Fake ID manufacturers and sellers based in lower
Manhattan were charged with using forged government documents to
misappropriate the identities of more than 180 New Yorkers and steal


in excess of$1 million. In 2009,45 New York minors died while driving
drunk and another 279 were arrested for DUIs. Many, if not most, of
those minors purchased alcohol using Fake IDs. Most chillingly, in
the wake of the 9/11 terrorist attacks it was discovered that all 19
hijackers had fraudulently obtained or fake Social Security numbers
and 18 of the 19 possessed fraudulently obtained or phony driver's
licenses or motor vehicle ID cards. There is no end to these stories.

Although New York law enforcement officers and prosecutors have done a
remarkable job combating the manufacture and sale of Fake IDs,
notably through prolonged undercover investigations, the current Fake
ID laws contain a number of gaps that we as lawmakers should feel
obligated to close. This legislation will close those gaps.

This bill will deter street-comer ID peddlers by explicitly making it
a crime to sell or offer for sale forged government documents,
raising the quality of life in places like Roosevelt Avenue. It also
makes it clear for the first time that the sale of any forged
instrument is an equivalent crime to the forgery of the same
instrument. In recognition of the unique dangers posed by Fake IDs
this bill raises the penalty for the sale or manufacture of a forged
government document from a D felony to a C felony. However, the bill
also brings the prohibition against forged government documents into
line with other contraband laws such as those regulating narcotics,
by making it a lesser crime to possess a fake ID than to sell or
manufacture one. Finally, the bill creates a presumption that a
person who possesses two or more Fake IDs depicting a person other
than the possessor intends to sell said IDs and may be charged as
such. With these gaps filled, New York law enforcement and
prosecutors will have the tools they need to improve upon their
already commendable track record in the fight against Fake IDs.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None noted.

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
________________________________________________________________________

                                  6292

                            I N  S E N A T E

                            January 20, 2012
                               ___________

Introduced  by  Sen. PERALTA -- 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 forged instruments and the
  sale thereof

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

  Section  1. Section 170.00 of the penal law is amended by adding a new
subdivision 9 to read as follows:
  9. "SELL" MEANS TO SELL, EXCHANGE, GIVE OR DISPOSE OF TO  ANOTHER,  OR
OFFER OR AGREE TO DO THE SAME.
  S 2. Section 170.05 of the penal law is amended to read as follows:
S 170.05 Forgery in the third degree.
  A person is guilty of forgery in the third degree when[, with]:
  1. WITH intent to defraud, deceive or injure another, he OR SHE false-
ly makes, completes or alters a written instrument[.]; OR
  2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS A FORGED INSTRUMENT.
  Forgery in the third degree is a class A misdemeanor.
  S 3. Section 170.10 of the penal law,  subdivision  1  as  amended  by
chapter 949 of the laws of 1984, is amended to read as follows:
S 170.10 Forgery in the second degree.
  A person is guilty of forgery in the second degree when[, with]:
  1. WITH intent to defraud, deceive or injure another, he OR SHE false-
ly  makes, completes or alters a written instrument which is or purports
to be, or which is calculated to become or to represent if completed:
  [1.] (A) A  deed,  will,  codicil,  contract,  assignment,  commercial
instrument, credit card, as that term is defined in subdivision seven of
section  155.00, or other instrument which does or may evidence, create,
transfer, terminate or otherwise affect a legal right,  interest,  obli-
gation or status; or
  [2.]  (B)  A  public  record,  or  an  instrument filed or required or
authorized by law to be filed in or with a public office or public serv-
ant; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14045-02-2

S. 6292                             2

  [3. A written instrument officially issued  or  created  by  a  public
office, public servant or governmental instrumentality; or
  4.]  (C)  Part of an issue of tokens, public transportation transfers,
certificates or other articles manufactured  and  designed  for  use  as
symbols  of  value usable in place of money for the purchase of property
or services; or
  [5.] (D) A prescription of a duly licensed physician or  other  person
authorized  to  issue  the same for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law[.]; OR
  2. WITH KNOWLEDGE THAT IT  IS  FORGED  AND  WITH  INTENT  TO  DEFRAUD,
DECEIVE  OR  INJURE  ANOTHER, HE OR SHE SELLS ANY FORGED INSTRUMENT OF A
KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
  Forgery in the second degree is a class D felony.
  S 4. Section 170.15 of the penal law is amended to read as follows:
S 170.15 Forgery in the first degree.
  A person is guilty of forgery in the first degree when[, with]:
  1. WITH intent to defraud, deceive or  injure  another,  he    OR  SHE
falsely  makes,  completes  or  alters  a written instrument which is or
purports to be, or which is calculated to  become  or  to  represent  if
completed:
  [1.]  (A) Part of an issue of money, stamps, securities or other valu-
able instruments issued by a government or governmental instrumentality;
or
  [2.] (B) Part of an issue of stock, bonds or other instruments repres-
enting interests in or claims against a corporate or other  organization
or its property[.]; OR
  (C)  A  WRITTEN  INSTRUMENT  OFFICIALLY  ISSUED OR CREATED BY A PUBLIC
OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY; OR
  2. WITH KNOWLEDGE THAT IT  IS  FORGED  AND  WITH  INTENT  TO  DEFRAUD,
DECEIVE  OR  INJURE  ANOTHER, HE OR SHE SELLS ANY FORGED INSTRUMENT OF A
KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
  Forgery in the first degree is a class C felony.
  S 5.  The penal law is amended by adding a new section 170.26 to  read
as follows:
S 170.26 CRIMINAL POSSESSION OF A FORGED INSTRUMENT; PRESUMPTION.
  A PERSON WHO POSSESSES TWO OR MORE FORGED INSTRUMENTS OF A KIND SPECI-
FIED  IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15, IDENTIFYING
ANOTHER PERSON OR PERSONS, WITH  KNOWLEDGE  THAT  SUCH  INSTRUMENTS  ARE
FORGED  AND  WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER, SHALL BE
PRESUMED TO POSSESS SUCH FORGED INSTRUMENTS WITH INTENT TO SELL THEM  IN
VIOLATION OF SUBDIVISION TWO OF SECTION 170.15 OF THIS ARTICLE.
  S 6. Section 170.25 of the penal law is amended to read as follows:
S 170.25 Criminal  possession  of  a  forged  instrument  in  the second
           degree.
  A person is guilty of criminal possession of a  forged  instrument  in
the second degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he OR SHE utters or possesses any
forged  instrument  of  a  kind  specified in SUBDIVISION ONE OF section
170.10 OR PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15.
  Criminal possession of a forged instrument in the second degree  is  a
class D felony.
  S 7. Section 170.30 of the penal law is amended to read as follows:
S 170.30 Criminal possession of a forged instrument in the first degree.
  A  person  is  guilty of criminal possession of a forged instrument in
the first degree when, with knowledge that it is forged and with  intent

S. 6292                             3

to defraud, deceive or injure another, he OR SHE utters or possesses any
forged  instrument of a kind specified in PARAGRAPH (A) OR (B) OF SUBDI-
VISION ONE OF section 170.15.
  Criminal  possession  of  a forged instrument in the first degree is a
class C felony.
  S 8. 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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