Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 11, 2014 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1304 committee discharged and committed to rules |
May 15, 2014 |
referred to codes |
Senate Bill S7541
2013-2014 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S7541 (ACTIVE) - Details
2013-S7541 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7541 TITLE OF BILL: An act to amend the penal law, in relation to trademark counterfeiting PURPOSE OR GENERAL IDEA OF BILL: Establishes a new crime of trademark counterfeiting in the fourth degree, and amends the definition and penalty structure for the existing three degrees of trademark counterfeiting. The bill's main aim is to impose a harsher penalty for those who commit trademark counterfeiting in a value in excess of ten thousand dollars. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 165.71 of the penal law to change trademark counterfeiting in the third degree to trademark counterfeiting in the fourth degree, and establishes that trademark counterfeiting in the fourth degree shall be a class A misdemeanor. Section 2 amends section 165.72 of the penal law to change trademark counterfeiting in the second degree to trademark counterfeiting in the third degree. It provides that a person is guilty of trademark counterfeiting in the third degree if the retail value of all counterfeit goods manufactured, distributed, sold, or offered for sale by this person exceeds one thousand dollars or the total number of all counterfeit goods exceeds two hundred. It also establishes that
2013-S7541 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7541 I N S E N A T E May 15, 2014 ___________ Introduced by Sen. HOYLMAN -- 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 trademark counterfeiting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 165.71 of the penal law, as amended by chapter 490 of the laws of 1992, is amended to read as follows: S 165.71 Trademark counterfeiting in the [third] FOURTH degree. A person is guilty of trademark counterfeiting in the [third] FOURTH degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods. Trademark counterfeiting in the [third] FOURTH degree is a class A misdemeanor. S 2. Section 165.72 of the penal law, as amended by chapter 535 of the laws of 1995, is amended to read as follows: S 165.72 Trademark counterfeiting in the [second] THIRD degree. A person is guilty of trademark counterfeiting in the [second] THIRD degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing OR INTENDED TO BEAR counterfeit trademarks exceeds one thousand dollars OR THE TOTAL NUMBERS OF ALL SUCH GOODS BEARING COUNTER- FEIT TRADEMARKS EXCEEDS TWO HUNDRED. Trademark counterfeiting in the [second] THIRD degree is a class E felony. S 3. Section 165.73 of the penal law, as amended by chapter 535 of the laws of 1995, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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