senate Bill S778

2009-2010 Legislative Session

Removes requirement that person be informed of the consequences of such act to be guilty of the crime of false personation; raises penalty from class B to class A

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Jan 15, 2009 referred to codes

S778 - Bill Details

Current Committee:
Law Section:
Penal Law

S778 - Bill Texts

view summary

view sponsor memo
BILL NUMBER: S778

TITLE OF BILL :
An act to amend the penal law, in relation to the crime of false
personation


PURPOSE :
To strengthen the penalty for knowingly misrepresenting an
individual's identity to a police officer.

SUMMARY OF PROVISIONS :
Section 1: removes the requirement that a person must be informed of
the consequences of knowingly misrepresenting himself or herself to a
police officer. Therefore, the statute would only require that an
individual knowingly misrepresent their identity to a police officer.
This legislation changes the crime of false personation from a "B" to
an "A" misdemeanor.

EXISTING LAW :
A person is guilty of false personation when after being informed of
the consequences of the act, he or she knowingly misrepresents his or
her identity to a police officer. Currently, this offense is a "B"
misdemeanor.

JUSTIFICATION :
This legislation removes the unnecessary requirement that an
impersonator be informed of the consequences of his or her actions
before they may be considered guilty of false personation. Also, the
bill stiffens the penalty for such an offense. Stealing a person's
identity to avoid prosecution for a crime is a serious offense which
warrants severe punishment.

The impetus for this legislation was an incident in Rochester where an
arrested individual used an innocent man's identity to conceal his
true name and address from the police. It took the innocent man a
great deal of time and effort to clear his name of this incident.
Under the current law, the false impersonator would receive only up to
a $500 fine or three months in prison.

This legislation not only would make it easier to prove that an
individual committed this offense but also would provide that the
crime of false personation is appropriately punished.

LEGISLATIVE HISTORY :
2007-2008 - Passed Senate

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect on the first day of November next
succeeding the date on which it shall have become a law.
view full text
The Bill text is not available.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.