senate Bill S2937A

2011-2012 Legislative Session

Establishes the class E felony of dissemination of false missing child information

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 31, 2012 referred to codes
delivered to assembly
passed senate
May 30, 2012 advanced to third reading
May 23, 2012 2nd report cal.
amended 2937a
May 22, 2012 1st report cal.871
Jan 04, 2012 referred to codes
Feb 03, 2011 referred to codes

Votes

view votes

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2937 - Bill Details

See Assembly Version of this Bill:
A5269A
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §240.49, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6226, A10125

S2937 - Bill Texts

view summary

Establishes the class E felony of dissemination of false missing child information.

view sponsor memo
BILL NUMBER:S2937

TITLE OF BILL:
An act
to amend the penal law, in relation to dissemination of false
information about
a missing child

PURPOSE:
To establish a class E felony of dissemination of false missing child
information.

SUMMARY OF PROVISIONS:
Section one adds a new section 240.49 to the penal law, dissemination
of false missing child information.

JUSTIFICATION:
Across the United States there have been numerous false Amber Alerts
being sent out via e-mail and text message. These false alerts prompt
concerned citizens to contact law enforcement agencies who find out
from authorities that such alerts are fake. These false alerts can
have negative effect on public awareness and diminish such awareness
when an official Amber Alert is issue by authorities. These false
alerts, which are spread by electronic means (i.e. e-mail, text
message, Facebook, and Twitter), only diminish the effectiveness of a
authentic and genuine Amber Alert. Legislation is needed in New York
to prevent someone from disseminating false alerts to the public.
This bill would make it a class E felony for someone who knowingly
and falsely generates, by electronic or any other means, information
that would make the public believe that an official alert has been
issued on a child that has been abducted or kidnapped.
Currently, all official Amber Alerts are initially broadcasted through
the Emergency Alert System (EAS) and if people have questions
regarding the validity of an alert they can view them through the
United States Justice Department at AmberAlert.gov.

LEGISLATIVE HISTORY:
2010: S.6226 - Referred to Codes/A.10125 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1, next succeeding the date on which it shall become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2937

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation  to  dissemination  of  false
  information about a missing child

  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 240.49  to
read as follows:
S 240.49 DISSEMINATION OF FALSE MISSING CHILD INFORMATION.
  A PERSON IS GUILTY OF DISSEMINATION OF FALSE MISSING CHILD INFORMATION
WHEN,  KNOWING  THE INFORMATION HE OR SHE REPORTED, CONVEYED, CIRCULATED
OR DISSEMINATED IS FALSE OR BASELESS, HE OR SHE STATES  OR  REPORTS,  BY
ANY MEANS, THAT A CHILD IS A MISSING CHILD AS DEFINED IN SUBDIVISION ONE
OF SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW.
  DISSEMINATION OF FALSE MISSING CHILD INFORMATION 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.
                                                           LBD04609-01-1

Co-Sponsors

S2937A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5269A
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §240.49, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S6226, A10125

S2937A (ACTIVE) - Bill Texts

view summary

Establishes the class E felony of dissemination of false missing child information.

view sponsor memo
BILL NUMBER:S2937A

TITLE OF BILL:
An act to amend the penal law, in relation to dissemination of false
information about a missing child

PURPOSE:
Establishes the class E felony of dissemination of false missing child
information.

SUMMARY OF PROVISIONS:
Section one adds a new section 240-49 to the penal law, dissemination
of false missing child information.

Section two is the effective date.

JUSTIFICATION:
Across the United States there have been numerous false Amber Alerts
being sent out via email and text message. These false alerts prompt
concerned citizens to contact law enforcement agencies who find out
from authorities that such alerts are fake. These false alerts can
have negative effect on public awareness and diminish such awareness
when an official Amber Alert is issue by authorities. These false
alerts, which are spread by electronic means (i.e. email, text
message, Facebook, and Twitter), only diminish the effectiveness of a
authentic and genuine Amber Alert. Legislation is needed in New York
to prevent someone from disseminating false alerts to the public.
This bill would make it a class E felony for someone who knowingly and
falsely generates, by electronic or any other means, information that
would make the public believe that an official alert has been issued
on a child that has been abducted or kidnapped and for which public
funds were expended to investigate and/or locate the purported missing
child. Currently, all official Amber Alerts are initially broadcasted
through the Emergency Alert System (EAS) and if people have questions
regarding the validity of an alert they can view them through the
United States Justice Department at AmberAlert.gov.

LEGISLATIVE HISTORY:
2010: S.6226 - Referred to Codes/ A.10125 - Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2937--A
    Cal. No. 871

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced by Sens. LANZA, O'MARA -- read twice and ordered printed, and
  when  printed to be committed to the Committee on Codes -- recommitted
  to the Committee on Codes in accordance with Senate Rule 6, sec. 8  --
  reported  favorably  from  said  committee,  ordered  to first report,
  amended on first report,  ordered  to  a  second  report  and  ordered
  reprinted, retaining its place in the order of second report

AN  ACT  to  amend  the penal law, in relation to dissemination of false
  information about a missing child

  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 240.49 to
read as follows:
S 240.49 DISSEMINATION OF FALSE MISSING CHILD INFORMATION.
  A PERSON IS GUILTY OF DISSEMINATION OF FALSE MISSING CHILD INFORMATION
WHEN, KNOWING THE INFORMATION HE OR SHE REPORTED,  CONVEYED,  CIRCULATED
OR  DISSEMINATED  IS  FALSE OR BASELESS, HE OR SHE STATES OR REPORTS, BY
ANY MEANS, THAT A CHILD IS A MISSING CHILD AS DEFINED IN SUBDIVISION ONE
OF SECTION EIGHT HUNDRED THIRTY-SEVEN-E OF THE EXECUTIVE LAW, AND  AS  A
RESULT  OF SUCH REPORT, CONVEYANCE, CIRCULATION OR DISSEMINATION, PUBLIC
FUNDS WERE EXPENDED TO INVESTIGATE AND/OR LOCATE THE  PURPORTED  MISSING
CHILD.
  DISSEMINATION OF FALSE MISSING CHILD INFORMATION 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.
                                                           LBD04609-02-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.