senate Bill S41

2009-2010 Legislative Session

Changes the penalty for practicing or appearing as an attorney-at-law without being admitted and registered to a felony

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Sponsored By

Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2010 referred to judiciary
delivered to assembly
passed senate
Jun 10, 2010 advanced to third reading
Jun 09, 2010 2nd report cal.
Jun 08, 2010 1st report cal.822
Jan 26, 2010 reported and committed to codes
Jan 06, 2010 referred to judiciary
returned to senate
died in assembly
Mar 04, 2009 referred to judiciary
delivered to assembly
passed senate
Feb 23, 2009 advanced to third reading
Feb 11, 2009 2nd report cal.
Feb 10, 2009 1st report cal.21
Jan 27, 2009 reported and committed to codes
Jan 07, 2009 referred to judiciary

Votes

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Jun 8, 2010 - Codes committee Vote

S41
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Jan 26, 2010 - Judiciary committee Vote

S41
21
0
committee
21
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

S41 - Bill Details

See Assembly Version of this Bill:
A1643
Current Committee:
Law Section:
Judiciary Law

S41 - Bill Texts

view summary

view sponsor memo
BILL NUMBER: S41

TITLE OF BILL :
An act to amend the judiciary law, in relation to practicing or
appearing as an attorney-at-law without being admitted and registered


PURPOSE :
The purpose of this legislation is to amend the Judiciary Law to make
the unlawful practice of law a class E felony.

SUMMARY OF PROVISIONS :
Section one of this legislation would amend section 478 of the
Judiciary Law to provide that any person practicing or appearing as an
attorney-at-law or as an attorney and counselor-at-law (or equivalent
terms) without having first been duly and regularly licensed and
admitted to practice law in the courts of record of this state, and
without having taken the constitutional oath would be guilty of a
class E felony.

Section two would amend section 485 of the Judiciary Law, to remove
section 478 from the sections which if violated would constitute a
misdemeanor.

EXISTING LAW :
Currently, those persons who hold themselves out as an attorney-at-law
or counselor-at-law without being admitted and registered are guilty
of a misdemeanor.

JUSTIFICATION :
The purpose of this legislation is to provide consistency within the
law regarding the unauthorized practice of a profession. Under section
6512 of the Education Law, anyone not authorized to practice under
Title VIII who practices or holds himself (or herself) out as being
able to practice in any profession for which a license is required
commits a class E felony. Examples of those professionals licensed
under Title VIII of the Education Law include physicians,
chiropractors, dentists, veterinarians, physical therapists,
pharmacists, registered professional nurses, licensed practical
nurses, licensed master social workers, certified public accountants.
landscape architects, certified shorthand reporters, etc.

Licenses and registration ensure the public that a certain level of
competency has been achieved to practice within a profession.
Certainly, the unlawful practice of law should constitute a crime
equivalent to the unauthorized practice of a profession.

LEGISLATIVE HISTORY :
2005-2006 Passed Senate (S.1865/A.5l69).
2007-2008 Passed Senate (S.2358/A.8563).

FISCAL IMPLICATIONS :
None to the State.

EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law.
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The Bill text is not available.

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