senate Bill S6354

Relates to the filing of a false financing statement

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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

  • 31 / Jan / 2012
    • REFERRED TO CODES
  • 01 / May / 2012
    • 1ST REPORT CAL.648
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 16 / May / 2012
    • SUBSTITUTED BY A3457

Summary

Relates to the filing of a false financing statement.

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Bill Details

See Assembly Version of this Bill:
A3457
Versions:
S6354
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Add ยง440.70, CP L
Versions Introduced in 2009-2010 Legislative Cycle:
A10572, A10572

Votes

15
1
15
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Codes committee vote details

Sponsor Memo

BILL NUMBER:S6354

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the filing of a
false financing statement

PURPOSE OR GENERAL IDEA OF BILL:
Amends the Criminal Procedure law to
require a court to issue and file with the New York Secretary of
State a certificate of conviction in cases where a defendant is
convicted of a crime involving intentionally filing or causing to be
filed a false financing statement under article nine of the uniform
commercial code form UCC1 as well as certify that such defendant was
listed as the secured party and specify the material filing
information relating to such conviction, including the name of the
debtor and description of collateral covered by the claim.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the
Criminal Procedure law to require a court to issue and file with the
New York Secretary of State a certificate of conviction in cases
where a defendant is convicted of a crime involving intentionally
filing or causing to be filed a false financing statement under
article nine of the uniform commercial code form UCC1. Specifically,
a court must certify that such defendant was listed as the secured
party and specify the material filing information relating to such
conviction, including the name of the debtor and description of
collateral covered by the claim.

JUSTIFICATION:
This bill provides a remedy for victims subject to
false financing statements filed against them pursuant to article
nine of the uniform commercial code UCC1 form which wrongfully claim
that such victim is indebted or obligated to a defendant, or secured
party, in a criminal action. The effect of a false financing
statement can be damage to a victim's credit. Currently, when a
victim believes a false financing statement has been filed against
him or her, a victim can file a correction statement with the
Secretary of State which records the UCC1 forms. This bill would
assist victims in proving that a financing statement was bogus or
false with a certification filed with the Secretary of State by a
court where a conviction has been entered certifying that criminal
conviction was entered against a particular defendant, or secured
party, and the specific filing information related to the victim's
false financing statement.

PRIOR LEGISLATIVE HISTORY:
A.10572 of 2010.

FISCAL IMPLICATIONS:

None to New York State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  6354

                            I N  S E N A T E

                            January 31, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to the filing of
  a false financing statement

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

  Section  1.  The  criminal  procedure  law  is amended by adding a new
section 440.70 to read as follows:
S 440.70 NOTICE TO THE SECRETARY OF STATE WHEN FALSE FINANCING STATEMENT
            FILED.
  UPON CONVICTION OF ANY PERSON FOR A CRIME WHERE THE  DEFENDANT  INTEN-
TIONALLY  FILED  OR CAUSED TO BE FILED A FINANCING STATEMENT PURSUANT TO
ARTICLE NINE OF THE UNIFORM COMMERCIAL CODE ON FORM  UCC1  THAT  FALSELY
CLAIMS  THAT  A  PERSON  IS INDEBTED OR OBLIGATED TO SUCH DEFENDANT, THE
COURT WHEREIN SUCH CONVICTION IS ENTERED, OR THE  CLERK  THEREOF,  SHALL
ISSUE AND CAUSE TO BE FILED A CERTIFICATE WITH THE NEW YORK SECRETARY OF
STATE:  (A) CERTIFYING THAT A JUDGMENT OF CONVICTION HAS BEEN ENTERED IN
SUCH COURT AGAINST THE DEFENDANT WHO WAS LISTED AS THE SECURED PARTY  IN
SUCH  FORM;  AND (B) SPECIFYING THE DATE AND LOCATION OF THE FILING, ANY
FILING OR INDEXING NUMBER ASSIGNED TO SUCH FILING, THE DEBTOR  NAMED  IN
SUCH  STATEMENT,  AND  A DESCRIPTION OF THE COLLATERAL ENCUMBERED BY THE
INSTRUMENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08406-01-1

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