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Senate Bill S1578

2009-2010 Legislative Session

Creates class E felony of criminal use of public records

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S1578 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง240.75 & 240.77, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: S2168
2013-2014: S2748
2015-2016: S3225

2009-S1578 (ACTIVE) - Summary

Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.

2009-S1578 (ACTIVE) - Sponsor Memo

2009-S1578 (ACTIVE) - Bill Text download pdf 

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

                                  1578

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by Sens. GOLDEN, O. JOHNSON, MORAHAN, SEWARD, VOLKER -- 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
  records

  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 240.75
and 240.77 to read as follows:
S 240.75 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION.
  FOR THE PURPOSES OF SECTION 240.77 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 240.77 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.
                                                           LBD06195-01-9

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