Assembly Bill A4414

2011-2012 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 - Stricken

  • 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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2011-A4414 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Amd ยงยง165.55 & 170.27, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A7639

2011-A4414 (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.

2011-A4414 (ACTIVE) - Bill Text download pdf 

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

                                  4414

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  -- Multi-Sponsored by -- M. of A.
  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 OF THIS
CHAPTER, 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.
                                                           LBD00434-01-1

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