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Assembly Bill A5617

2011-2012 Legislative Session

Makes it a crime to mail a substance which appears to be of a bio-chemical nature and hazardous to person's health which in fact is not

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Archive: Last Bill Status - In Assembly Committee

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2011-A5617 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง240.64, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A2597

2011-A5617 (ACTIVE) - Summary

Makes it a crime to mail a substance which appears to be of a bio-chemical nature and hazardous to person's health which in fact is not; makes such crime a class E felony.

2011-A5617 (ACTIVE) - Bill Text download pdf 

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

                                  5617

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2011
                               ___________

Introduced  by M. of A. MARKEY, PHEFFER, GALEF, ORTIZ, GUNTHER, BOYLAND,
  MILLMAN, MAYERSOHN -- Multi-Sponsored by -- M. of A.  COLTON,  CRESPO,
  GABRYSZAK,  HOOPER,  LATIMER, McENENY, REILLY, SCARBOROUGH, WEISENBERG
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to mailing a false substance

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

  Section  1. The penal law is amended by adding a new section 240.64 to
read as follows:
S 240.64 MAILING A FALSE SUBSTANCE.
  A PERSON IS GUILTY OF MAILING A FALSE SUBSTANCE WHEN HE OR SHE  CAUSES
A  COMMUNICATION TO BE INITIATED BY A MAILING OR ANY OTHER FORM OF WRIT-
TEN COMMUNICATION IN A MANNER TO CAUSE ANNOYANCE, INCONVENIENCE OR ALARM
BY PLACING IN SAID COMMUNICATION ANY SUBSTANCE WHICH APPEARS  TO  BE  BY
ITS  CONTENT,  APPEARANCE  AND  CHARACTERISTIC  TO  BE OF A BIO-CHEMICAL
NATURE AND DANGEROUS OR HAZARDOUS TO THE  WELL-BEING  AND  HEALTH  OF  A
PERSON  BUT  IS,  IN  FACT  AN  INOPERATIVE  FACSIMILE OR IMITATION OF A
BIO-CHEMICAL SUBSTANCE AND IS NOT DANGEROUS OR HAZARDOUS TO  THE  HEALTH
AND WELL-BEING OF ANY PERSON.
  MAILING A FALSE SUBSTANCE IS A CLASS E FELONY.
  S 2. 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.
                                                           LBD08496-01-1

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