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Senate Bill S5022A

2011-2012 Legislative Session

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

2011-S5022 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §190.60, Pen L
Versions Introduced in 2013-2014 Legislative Session:
S3740

2011-S5022 - Summary

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree.

2011-S5022 - Sponsor Memo

2011-S5022 - Bill Text download pdf 

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

                                  5022

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- 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 including falsely solicit-
  ing for property within the crime of scheme to defraud in  the  second
  degree

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

  Section 1. Section 190.60 of the penal law, as amended by chapter  491
of  the  laws of 1992 and subdivision 1 as amended by chapter 357 of the
laws of 1996, is amended to read as follows:
S 190.60 Scheme to defraud in the second degree.
  1. A person is guilty of a scheme to defraud in the second degree when
he: (A) engages in a scheme constituting a systematic ongoing course  of
conduct with intent to defraud more than one person or to obtain proper-
ty from more than one person by false or fraudulent pretenses, represen-
tations  or  promises,  and so obtains property from one or more of such
persons; OR (B) FALSELY SOLICITS DONATIONS, GIFTS OR ANY OTHER  PROPERTY
FROM  A  PERSON BY MISREPRESENTING HIS OR HER RELATIONSHIP OR CONNECTION
WITH AN ORGANIZATION, WHETHER OR NOT HE OR  SHE  OBTAINS  PROPERTY  FROM
SUCH PERSON.
  2.  In  any prosecution under PARAGRAPH (A) OF SUBDIVISION ONE OF this
section, it shall be necessary to prove the identity  of  at  least  one
person from whom the defendant so obtained property, but it shall not be
necessary to prove the identity of any other intended victim.
  Scheme to defraud in the second degree is a class A misdemeanor.
  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.
                                                           LBD11247-01-1

2011-S5022A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §190.60, Pen L
Versions Introduced in 2013-2014 Legislative Session:
S3740

2011-S5022A (ACTIVE) - Summary

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree.

2011-S5022A (ACTIVE) - Sponsor Memo

2011-S5022A (ACTIVE) - Bill Text download pdf 

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

                                 5022--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sen. ADDABBO -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to including falsely solicit-
  ing  for  property within the crime of scheme to defraud in the second
  degree

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

  Section  1. Section 190.60 of the penal law, as amended by chapter 491
of the laws of 1992 and subdivision 1 as amended by chapter 357  of  the
laws of 1996, is amended to read as follows:
S 190.60 Scheme to defraud in the second degree.
  1. A person is guilty of a scheme to defraud in the second degree when
he:  (A) engages in a scheme constituting a systematic ongoing course of
conduct with intent to defraud more than one person or to obtain proper-
ty from more than one person by false or fraudulent pretenses, represen-
tations or promises, and so obtains property from one or  more  of  such
persons;  OR (B) FALSELY SOLICITS DONATIONS, GIFTS OR ANY OTHER PROPERTY
FROM A PERSON BY MISREPRESENTING HIS OR HER RELATIONSHIP  OR  CONNECTION
WITH  AN  ORGANIZATION, GOVERNMENTAL ENTITY OR AGENCY, WHETHER OR NOT HE
OR SHE OBTAINS PROPERTY FROM SUCH PERSON.
  2. In any prosecution under PARAGRAPH (A) OF SUBDIVISION ONE  OF  this
section,  it  shall  be  necessary to prove the identity of at least one
person from whom the defendant so obtained property, but it shall not be
necessary to prove the identity of any other intended victim.
  Scheme to defraud in the second degree is a class A misdemeanor.
  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.
                                                           LBD11247-02-1

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