S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 23, 2013
Introduced by Sen. GOLDEN -- 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 use of public
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding two new sections 240.77
and 240.79 to read as follows:
S 240.77 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION.
FOR THE PURPOSES OF SECTION 240.79 OF THIS ARTICLE, "RECORD" SHALL
HAVE THE SAME MEANING ASCRIBED TO SUCH TERM BY SUBDIVISION FOUR OF
SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW.
S 240.79 CRIMINAL USE OF PUBLIC RECORDS.
A PERSON IS GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN HE OR SHE
INTENTIONALLY OBTAINS ANY RECORD, WITH THE INTENT TO USE SUCH RECORD IN
THE COMMISSION OF A CRIME, THROUGH THE PROCESS PROVIDED PURSUANT TO THE
PUBLIC OFFICERS LAW, AND ATTEMPTS TO USE OR USES SUCH RECORD IN THE
COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION
OF A CRIME.
CRIMINAL USE OF PUBLIC RECORDS IS A CLASS E FELONY.
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.