Assembly Bill A7639

2009-2010 Legislative Session

Establishes presumption with respect to possession of two or more stolen or forged public assistance identification cards

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A7639 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง165.55 & 170.27, Pen L
Versions Introduced in 2011-2012 Legislative Session:
A4414

2009-A7639 (ACTIVE) - Summary

Establishes presumption that a person who possesses two or more stolen or forged public assistance identification cards knows such cards are either stolen or forged instruments and are intended to defraud, deceive or injure another.

2009-A7639 (ACTIVE) - Bill Text download pdf 

                            
                    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

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