senate Bill S3740

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 13 / Feb / 2013
    • REFERRED TO CODES
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.730
  • 03 / Jun / 2013
    • PASSED SENATE
  • 03 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 03 / Jun / 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
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1112
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO CODES

Summary

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree.

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Bill Details

Versions:
S3740
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง190.60, Pen L
Versions Introduced in 2011-2012 Legislative Cycle:
S5022A

Sponsor Memo

BILL NUMBER:S3740

TITLE OF BILL: An act to amend the penal law, in relation to including
falsely soliciting for property within the crime of scheme to defraud in
the second degree

PURPOSE:

To address a pressing need and make it a crime for a perpetrator to
disguise themselves and falsely solicit donations, gifts or any other
tangible property for the sole benefit of the perpetrator and/or group.

SUMMARY OF PROVISIONS:

Section 1: Section 190.60 of the Penal law is amended to include the
action of falsely soliciting donations, gifts or any other property
within the scheme to defraud in the second degree.

Section 2: Effective date of bill.

JUSTIFICATION:

This is a scam that is well-known and all too frequent: the misrepresen-
tation of an organization and "the ask" for donations, gifts or any
other property. Mortgage lenders, the New York State Police Benevolent
Association, the New York City Police Department, banks, credit card
issuers and others have fell victim to perpetrators falsely claiming
they represent such entity.

In fact, the New York State Police Benevolent Association was identified
as a scam by the State Attorney General's Office during the holiday
season of 2006. The callers said they were the fundraising arm for the
State Troopers, and then went on to request personal information such as
a bank account, debit and credit card numbers. Soon after, the PBA
released a statement and notified people that the state police does not
solicit donations over the phone. This applies to city agencies as well.
Some examples of a perpetrators' "ask" included collecting money in
support of parole and probation officers, and fallen officers' children.

To limit this practice and deter perpetrators from preying on innocent
victims, this bill will include the action of falsely soliciting
donations within the scheme to defraud in the second degree, a class A
misdemeanor.

LEGISLATIVE HISTORY:

2011- S. 5022 A - Passed Senate
2012: S. 5022-A - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

Shall take effect on November 1st succeeding the date on which it shall
become law.

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

                                  3740

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 13, 2013
                               ___________

Introduced  by  Sen. ADDABBO -- 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 including falsely solicit-
  ing for property within the crime of scheme to defraud in  the  second
  degree

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

  Section 1. Section 190.60 of the penal law, as amended by chapter  491
of  the  laws of 1992 and subdivision 1 as amended by chapter 357 of the
laws of 1996, is amended to read as follows:
S 190.60 Scheme to defraud in the second degree.
  1. A person is guilty of a scheme to defraud in the second degree when
he OR SHE: (A) engages in a scheme  constituting  a  systematic  ongoing
course  of  conduct  with  intent  to defraud more than one person or to
obtain property from  more  than  one  person  by  false  or  fraudulent
pretenses, representations or promises, and so obtains property from one
or more of such persons; OR (B) FALSELY SOLICITS DONATIONS, GIFTS OR ANY
OTHER  PROPERTY FROM A PERSON BY MISREPRESENTING HIS OR HER RELATIONSHIP
OR CONNECTION WITH  AN  ORGANIZATION,  GOVERNMENTAL  ENTITY  OR  AGENCY,
WHETHER OR NOT HE OR SHE OBTAINS PROPERTY FROM SUCH PERSON.
  2.  In  any prosecution under PARAGRAPH (A) OF SUBDIVISION ONE OF this
section, it shall be necessary to prove the identity  of  at  least  one
person from whom the defendant so obtained property, but it shall not be
necessary to prove the identity of any other intended victim.
  Scheme to defraud 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08333-01-3

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