senate Bill S371A

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

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.709
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 03 / Jun / 2014
    • AMEND AND RECOMMIT TO CODES
  • 03 / Jun / 2014
    • PRINT NUMBER 371A
  • 17 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1460
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • 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 is a class A misdemeanor.

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Bill Details

Versions:
S371
S371A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง190.25, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4726
2009-2010: S1956

Sponsor Memo

BILL NUMBER:S371A

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 2011:
S.4726 Passed Senate/A.10550 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
________________________________________________________________________

                                 371--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. KENNEDY, KRUEGER, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes --
  recommitted to the Committee on Codes in accordance with  Senate  Rule
  6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02426-02-4

S. 371--A                           2

  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
  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 WITH INTENT TO OBTAIN A BENEFIT OR TO
INJURE OR DEFRAUD ANOTHER.
  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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