|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
returned to senate
died in assembly
|May 23, 2013||referred to codes|
delivered to assembly
|May 22, 2013||advanced to third reading|
|May 21, 2013||2nd report cal.|
|May 20, 2013||1st report cal.634|
|Jan 23, 2013||referred to codes|
senate Bill S2748
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2748 - Details
S2748 - Summary
Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.
S2748 - Sponsor Memo
BILL NUMBER:S2748 TITLE OF BILL: An act to amend the penal law, in relation to criminal use of public records PURPOSE: To create a new category of crime for the use of government documents for the purpose of advancing criminal activity. SUMMARY OF PROVISIONS: Section one amends the penal law by adding two new sections; 240.77 and 240.79. New section 240.77 defines the term "record" for purposes of new section 240.79. The term "record" has the same meaning as in public officers law section 86(4). New section 240.79 provides that it is a class "E" felony for a person to intentionally obtain records through the Freedom of Information Law (FOIL) with the intent to use such records in the commission of a crime and uses or attempts to use such records as an instrumentality in the commission a crime or in the commission or furtherance of a crime. Section two provides the effective date. EXISTING LAW: Currently, persons who use records obtained pursuant to FOIL as an instrumentality in the commission of a crime or in commission of furtherance of a crime is not subject to criminal penalties under the penal law.
S2748 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2748 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ Introduced by Sen. GOLDEN -- 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 criminal use of public records 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 two new sections 240.77 and 240.79 to read as follows: S 240.77 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION. FOR THE PURPOSES OF SECTION 240.79 OF THIS ARTICLE, "RECORD" SHALL HAVE THE SAME MEANING ASCRIBED TO SUCH TERM BY SUBDIVISION FOUR OF SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW. S 240.79 CRIMINAL USE OF PUBLIC RECORDS. A PERSON IS GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN HE OR SHE INTENTIONALLY OBTAINS ANY RECORD, WITH THE INTENT TO USE SUCH RECORD IN THE COMMISSION OF A CRIME, THROUGH THE PROCESS PROVIDED PURSUANT TO THE PUBLIC OFFICERS LAW, AND ATTEMPTS TO USE OR USES SUCH RECORD IN THE COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION OF A CRIME. CRIMINAL USE OF PUBLIC RECORDS 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. LBD07386-01-3
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