S T A T E O F N E W Y O R K
________________________________________________________________________
7639
2009-2010 Regular Sessions
I N A S S E M B L Y
April 17, 2009
___________
Introduced by M. of A. P. RIVERA -- Multi-Sponsored by -- M. of A.
CALHOUN, GALEF, MAGEE, PHEFFER, SWEENEY -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to criminal possession of
public assistance identification cards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 165.55 of the penal law is amended by adding a new
subdivision 5 to read as follows:
5. A PERSON WHO POSSESSES TWO OR MORE STOLEN PUBLIC ASSISTANCE IDEN-
TIFICATION CARDS IS PRESUMED TO KNOW THAT SUCH PUBLIC ASSISTANCE IDEN-
TIFICATION CARDS WERE STOLEN.
S 2. Section 170.27 of the penal law, as amended by chapter 556 of the
laws of 1987, is amended to read as follows:
S 170.27 Criminal possession of a forged instrument in the second
degree; presumption.
1. A person who possesses two or more forged instruments, each of
which purports to be a credit card or debit card, as those terms are
defined in subdivisions seven and seven-a of section 155.00, is presumed
to possess the same with knowledge that they are forged and with intent
to defraud, deceive or injure another.
2. A PERSON WHO POSSESSES TWO OR MORE FORGED INSTRUMENTS, EACH OF
WHICH PURPORTS TO BE A PUBLIC ASSISTANCE IDENTIFICATION CARD, AS DEFINED
IN SUBDIVISION NINE OF SECTION ONE HUNDRED THIRTY-ONE OF THE SOCIAL
SERVICES LAW, IS PRESUMED TO POSSESS THE SAME WITH KNOWLEDGE THAT THEY
ARE FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER.
S 3. 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.
LBD10714-01-9