NY State Senate Bill S2026

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
In Committee
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- Passed Assembly
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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to judiciary
Jan 09, 2013	referred to judiciary

Co-Sponsors

S2026 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Lien Law
Laws Affected:: Add §66, Lien L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4591
2017-2018: S206

S2026 (ACTIVE) - Summary

Relates to the filing of false liens against certain public officials.

S2026 (ACTIVE) - Sponsor Memo

BILL NUMBER:S2026

TITLE  OF BILL:   An act to amend the lien law, in relation to filing of
false liens against public officials

PURPOSE: To ensure that appropriate punishments and deterrents exist  in
relation  to  the  malicious filing of false or fictitious liens against
local or state officers as defined  in  state  law,  including  but  not
limited to police officers and elected officials.

SUMMARY OF PROVISIONS:

Section  one:  Amends  the  lien  law to prohibit the filing of false or
fictitious liens against public officers as defined in  section  two  of
the  public officers law, and imposes a criminal sanction of 510,000 per
incidence or up to one year in prison or both.

Section two: sets forth the effective date

JUSTIFICATION:  In recent years, members of the  so  called  "Sovereign.
Citizens  Movement"  have begun to utilize the tactic of filing multiple
false or fictitious liens against police officers and  public  officials
as  a  means  to  intimidate these individuals and undermine the rule of
law.  The FBI describes such individuals as  anti-government  extremists
who  believe  that even though they are in the country they are separate
or "sovereign" from the  United  States.  There  are  multiple  examples

across  New  York State of "sovereigns" using false liens as a part of a
scheme to destroy the lives of ordinary  people  who  are  simply  doing
their  jobs. These bogus liens are meritless, but in multiple cases they
were accepted by the Department of State and other entities and began to
appear on credit reports and had a significant and  negative  impact  on
law abiding citizens.

In  response to this problem, the Federal Government has enacted 18 USCA
1521, which gives Federal authorities the  ability  to  prosecute  those
involved in this activity, but the law only covers those victims who are
Federal Government officials.

This  bill would provide equivalent state protections to public officers
covered under New York State law, including local  elected  leaders  and
law enforcement officials.

LEGISLATIVE HISTORY:  New legislation.

FISCAL IMPACT: None.

EFFECTIVE DATE: This act shall take effect immediately.

S2026 (ACTIVE) - Bill Text download pdf

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

                                  2026

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, GALLIVAN, DeFRANCISCO, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Judiciary

AN  ACT  to  amend  the  lien  law, in relation to filing of false liens
  against public officials

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

  Section  1. The lien law is amended by adding a new section 66 to read
as follows:
  S 66. FILING OF FALSE LIENS AGAINST CERTAIN PUBLIC OFFICERS.   WHOEVER
FILES OR CONSPIRES TO FILE, IN ANY PUBLIC RECORD OR PRIVATE RECORD WHICH
IS  GENERALLY  AVAILABLE  TO  THE  PUBLIC, ANY FALSE LIEN OR ENCUMBRANCE
AGAINST THE REAL OR PERSONAL PROPERTY OF A LOCAL  OR  STATE  OFFICER  AS
DEFINED  IN  SECTION  TWO  OF THE PUBLIC OFFICERS LAW, ON ACCOUNT OF THE
PERFORMANCE OF OFFICIAL DUTIES OF THAT  INDIVIDUAL,  KNOWING  OR  HAVING
REASON  TO  KNOW  THAT SUCH LIEN OR ENCUMBRANCE IS FALSE OR CONTAINS ANY
MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION,
SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE BY A FINE OF TEN THOUSAND
DOLLARS PER INCIDENCE OR UP TO ONE YEAR IN PRISON, OR BY BOTH SUCH  FINE
AND IMPRISONMENT.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03615-02-3

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The New York State Senate

senate Bill S2026

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Co-Sponsors

S2026 (ACTIVE) - Details

S2026 (ACTIVE) - Summary

S2026 (ACTIVE) - Sponsor Memo

S2026 (ACTIVE) - Bill Text download pdf

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senate Bill S2026

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Your Voice

Actions

Co-Sponsors

Patrick M. Gallivan

John A. DeFrancisco

Michael H. Ranzenhofer

S2026 (ACTIVE) - Details

S2026 (ACTIVE) - Summary

S2026 (ACTIVE) - Sponsor Memo

S2026 (ACTIVE) - Bill Text download pdf

Comments