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Assembly Bill A5392

2009-2010 Legislative Session

Prohibits the sale of police insignia

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Archive: Last Bill Status - In Assembly Committee

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2009-A5392 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §190.27, add §190.28, Pen L

2009-A5392 (ACTIVE) - Summary

Prohibits the sale of police insignia and badges to anyone other than an active or retired police officer or peace officer, a person engaged in the business of providing theatrical or movie props, a museum curator or law enforcement historian; creates the class A misdemeanor of criminal sale of police insignia.

2009-A5392 (ACTIVE) - Bill Text download pdf 

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

                                  5392

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  McKEVITT, KOLB, TOWNSEND, GIGLIO, McDONOUGH,
  WALKER, ALFANO, BARRA -- Multi-Sponsored by  --  M.  of  A.  BACALLES,
  ERRIGO,  FINCH, FITZPATRICK, HAWLEY, OAKS -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in  relation  to  the  criminal  sale  of
  police insignia

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 190.27 of the penal law, as added by chapter 99  of
the laws of 1994, is amended to read as follows:
S 190.27 Criminal sale of a police uniform.
  A person is guilty of criminal sale of a police uniform when he or she
sells  or  offers  for  sale  the  uniform  of any police officer to any
person, unless presented with a valid photo identification card  showing
the  purchaser to be a member of the police department which has author-
ized the requested uniform or an  authorization  to  purchase  specified
uniforms  signed  by the police chief or the police commissioner of such
police department accompanied by a personal  photo  identification.  For
purposes  of  this  section,  "police officer" shall include federal law
enforcement officers, as defined in section 2.15 of the criminal  proce-
dure  law;  and  "uniform"  shall include all or any part of the uniform
which identifies the wearer as a member of a police department, such  as
the  uniform, [shield, badge,] numbers or other identifying insignias or
emblems.
  Criminal sale of a police uniform is a class A misdemeanor.
  S 2. The penal law is amended by adding a new section 190.28  to  read
as follows:
S 190.28 CRIMINAL SALE OF POLICE INSIGNIA.
  1.  A  PERSON IS GUILTY OF CRIMINAL SALE OF POLICE INSIGNIA WHEN HE OR
SHE SELLS OR OFFERS FOR SALE ANY POLICE BADGE OR SHIELD  TO  ANY  PERSON
EXCEPT  AS  PROVIDED  IN  SUBDIVISION  FOUR  OF THIS SECTION, UNLESS THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09012-01-9

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