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Assembly Bill A2597

2009-2010 Legislative Session

Makes it a crime to mail a substance which appears to be of a bio-chemical nature and hazardous to person's health which in fact is not

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Archive: Last Bill Status - In Assembly Committee

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2009-A2597 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.64, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A5617

2009-A2597 (ACTIVE) - Summary

Makes it a crime to mail a substance which appears to be of a bio-chemical nature and hazardous to person's health which in fact is not; makes such crime a class E felony.

2009-A2597 (ACTIVE) - Bill Text download pdf 

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

                                  2597

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. MARKEY, PHEFFER, MAISEL, GALEF -- Multi-Sponsored
  by  --  M. of A.   CHRISTENSEN, GABRYSZAK, JOHN, KOON, LATIMER, MAYER-
  SOHN, TOWNS, WEISENBERG -- read once and referred to the Committee  on
  Codes

AN ACT to amend the penal law, in relation to mailing a false substance

  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 a new section 240.64  to
read as follows:
S 240.64 MAILING A FALSE SUBSTANCE IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF MAILING A FALSE SUBSTANCE IN THE FIRST DEGREE
WHEN HE OR SHE CAUSES A COMMUNICATION TO BE INITIATED BY  A  MAILING  OR
ANY  OTHER FORM OF WRITTEN COMMUNICATION IN A MANNER TO CAUSE ANNOYANCE,
INCONVENIENCE OR ALARM BY PLACING IN SAID  COMMUNICATION  ANY  SUBSTANCE
WHICH  APPEARS TO BE BY ITS CONTENT, APPEARANCE AND CHARACTERISTIC TO BE
OF A BIO-CHEMICAL NATURE AND DANGEROUS OR HAZARDOUS  TO  THE  WELL-BEING
AND  HEALTH  OF  A  PERSON  BUT  IS, IN FACT AN INOPERATIVE FACSIMILE OR
IMITATION OF A BIO-CHEMICAL SUBSTANCE AND IS NOT DANGEROUS OR  HAZARDOUS
TO THE HEALTH AND WELL-BEING OF ANY PERSON.
  MAILING A FALSE SUBSTANCE IN THE FIRST DEGREE 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.
                                                           LBD03044-01-9

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