senate Bill S6292

2011-2012 Legislative Session

Prohibits the criminal sale of forged instruments

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 returned to assembly
repassed senate
amend by restoring to original print 6292
Jun 14, 2012 returned to senate
recalled from assembly
May 31, 2012 referred to codes
delivered to assembly
passed senate
May 30, 2012 ordered to third reading cal.968
Mar 12, 2012 committee discharged and committed to rules
Mar 08, 2012 notice of committee consideration - requested
Jan 20, 2012 referred to codes
Jun 14, 2012 amended on third reading (t) 6292a
vote reconsidered - restored to third reading

Votes

view votes

May 30, 2012 - Rules committee Vote

S6292
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Bill Amendments

Original (Active)
A
Original (Active)
A

S6292 - Details

Law Section:
Penal Law
Laws Affected:
Amd §§170.00 - 170.15, 170.25 & 170.30, add §170.26, Pen L

S6292 - Summary

Prohibits the sale of forged instruments; includes the sale and manufacture of government issued documents in the class C felony of forgery in the first degree.

S6292 - Sponsor Memo

S6292 - Bill Text download pdf

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

                                  6292

                            I N  S E N A T E

                            January 20, 2012
                               ___________

Introduced  by  Sen. PERALTA -- 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 forged instruments and the
  sale thereof

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

  Section  1. Section 170.00 of the penal law is amended by adding a new
subdivision 9 to read as follows:
  9. "SELL" MEANS TO SELL, EXCHANGE, GIVE OR DISPOSE OF TO  ANOTHER,  OR
OFFER OR AGREE TO DO THE SAME.
  S 2. Section 170.05 of the penal law is amended to read as follows:
S 170.05 Forgery in the third degree.
  A person is guilty of forgery in the third degree when[, with]:
  1. WITH intent to defraud, deceive or injure another, he OR SHE false-
ly makes, completes or alters a written instrument[.]; OR
  2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS A FORGED INSTRUMENT.
  Forgery in the third degree is a class A misdemeanor.
  S 3. Section 170.10 of the penal law,  subdivision  1  as  amended  by
chapter 949 of the laws of 1984, is amended to read as follows:
S 170.10 Forgery in the second degree.
  A person is guilty of forgery in the second degree when[, with]:
  1. WITH intent to defraud, deceive or injure another, he OR SHE false-
ly  makes, completes or alters a written instrument which is or purports
to be, or which is calculated to become or to represent if completed:
  [1.] (A) A  deed,  will,  codicil,  contract,  assignment,  commercial
instrument, credit card, as that term is defined in subdivision seven of
section  155.00, or other instrument which does or may evidence, create,
transfer, terminate or otherwise affect a legal right,  interest,  obli-
gation or status; or
  [2.]  (B)  A  public  record,  or  an  instrument filed or required or
authorized by law to be filed in or with a public office or public serv-
ant; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14045-02-2

S6292A - Details

Law Section:
Penal Law
Laws Affected:
Amd §§170.00 - 170.15, 170.25 & 170.30, add §170.26, Pen L

S6292A - Summary

Prohibits the sale of forged instruments; includes the sale and manufacture of government issued documents in the class C felony of forgery in the first degree.

S6292A - Sponsor Memo

S6292A - Bill Text download pdf

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

                                 6292--A
    Cal. No. 968

                            I N  S E N A T E

                            January 20, 2012
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged  and  said  bill  committed  to  the  Committee on Rules --
  reported favorably from said committee, ordered to  a  third  reading,
  passed  by Senate and delivered to the Assembly, recalled, vote recon-
  sidered, restored to third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the penal law, in relation to forged instruments and the
  sale thereof

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

  Section 1. Section 170.00 of the penal law is amended by adding a  new
subdivision 9 to read as follows:
  9. "SELL" MEANS TO SELL TO ANOTHER FOR CONSIDERATION.
  S  2.  The  penal  law is amended by adding three new sections 170.36,
170.37 and 170.38 to read as follows:
S 170.36 CRIMINAL SALE OF A FORGED INSTRUMENT IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF CRIMINAL SALE OF  A  FORGED  INSTRUMENT  IN  THE
THIRD  DEGREE  WHEN, WITH KNOWLEDGE THAT IT IS FORGED AND WITH INTENT TO
DEFRAUD, DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS A FORGED INSTRUMENT.
  CRIMINAL SALE OF A FORGED INSTRUMENT IN THE THIRD DEGREE IS A CLASS  A
MISDEMEANOR.
S 170.37 CRIMINAL SALE OF A FORGED INSTRUMENT IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF  CRIMINAL SALE OF A FORGED INSTRUMENT IN THE
SECOND DEGREE WHEN, WITH KNOWLEDGE THAT IT IS FORGED AND WITH INTENT  TO
DEFRAUD,  DECEIVE  OR INJURE ANOTHER, HE OR SHE SELLS ANY FORGED INSTRU-
MENT OF A KIND SPECIFIED IN SECTION 170.10 OF THIS ARTICLE.
  CRIMINAL SALE OF A FORGED INSTRUMENT IN THE SECOND DEGREE IS A CLASS D
FELONY.
S 170.38 CRIMINAL SALE OF A FORGED INSTRUMENT IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF CRIMINAL SALE OF  A  FORGED  INSTRUMENT  IN  THE
FIRST  DEGREE  WHEN, WITH KNOWLEDGE THAT IT IS FORGED AND WITH INTENT TO
DEFRAUD, DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS ANY  FORGED  INSTRU-
MENT OF A KIND SPECIFIED IN SECTION 170.15 OF THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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