|
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
|---|---|
| Jan 22, 2014 |
print number 3482a |
| Jan 22, 2014 |
amend and recommit to codes |
| Jan 08, 2014 |
referred to codes |
| Feb 04, 2013 |
referred to codes |
Senate Bill S3482A
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(D, IP) Senate District
2013-S3482 - Details
- See Assembly Version of this Bill:
- A5946
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §175.35, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S1558
2017-2018: S3707
2019-2020: S3902
2013-S3482 - Summary
Provides that filing false liens or encumbrances against public officers or public employees or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowingly file a false or misleading lien is a first degree class E felony.
2013-S3482 - Sponsor Memo
BILL NUMBER:S3482
TITLE OF BILL: An act to amend the penal law, in relation to filing
false liens against public officers or public employees
SUMMARY OF PROVISIONS: Section 1 amends section 175.35 of the penal law,
as amended by Chapter 99 of the laws of 1998 to add a new subdivision 2.
This new subdivision makes knowingly filing a false lien or encumbrance
in a public record or private record that is generally available to the
public against a public officer or public employer on account of the
performance of such public officer's or employee's official duties, or
with intent to harass, intimidate or otherwise attempt to affect the
actions of the official or employee, knowing or having reason to know
that such lien or encumbrance is false, or contains materially false
fictitious or fraudulent statements or representations a class E felony.
Section 2 provides that this act shall take effect on the ninetieth day
after it shall have become law.
PURPOSE AND JUSTIFICATION: More and more frequently, public officials
and employees, and particularly judges, are discovering that disgruntled
citizens and defendants have resorted to filing fraudulent lawsuits in
an effort to punish and harass such officials, or to try to intimidate
and unlawfully affect the actions or decisions of such officials and
employees. Such fraudulent filings subvert our governmental functions
and our courts and can lead to thousands of dollars in costs and many
2013-S3482 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3482
2013-2014 Regular Sessions
I N S E N A T E
February 4, 2013
___________
Introduced by Sens. RANZENHOFER, DeFRANCISCO, SAVINO -- 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 filing false liens against
public officers or public employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 175.35 of the penal law, as amended by chapter 99
of the laws of 1998, is amended to read as follows:
S 175.35 Offering a false instrument for filing in the first degree.
A person is guilty of offering a false instrument for filing in the
first degree when[,]:
1. knowing that a written instrument contains a false statement or
false information, and with intent to defraud the state or any political
subdivision, public authority or public benefit corporation of the
state, he OR SHE offers or presents it to a public office, public serv-
ant, public authority or public benefit corporation with the knowledge
or belief that it will be filed with, registered or recorded in or
otherwise become a part of the records of such public office, public
servant, public authority or public benefit corporation[.]; OR
2. HE OR SHE KNOWINGLY FILES A FALSE LIEN OR ENCUMBRANCE IN A PUBLIC
RECORD OR PRIVATE RECORD THAT IS GENERALLY AVAILABLE TO THE PUBLIC
AGAINST THE REAL OR PERSONAL PROPERTY OF A PUBLIC OFFICER OR PUBLIC
EMPLOYEE ON ACCOUNT OF THE PERFORMANCE OF SUCH PUBLIC OFFICER'S OR
PUBLIC EMPLOYEE'S OFFICIAL DUTIES, OR WITH THE INTENT TO HARASS, INTIM-
IDATE OR OTHERWISE ATTEMPT TO AFFECT THE ACTIONS OF THE PUBLIC OFFICIAL
OR PUBLIC EMPLOYEE, KNOWING OR HAVING REASON TO KNOWN THAT SUCH LIEN OR
ENCUMBRANCE IS FALSE OR CONTAINS MATERIALLY FALSE, FICTITIOUS, OR FRAU-
DULENT STATEMENTS OR REPRESENTATIONS.
Offering a false instrument for filing in the first degree is a class
E felony.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(D, IP) Senate District
2013-S3482A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5946
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §175.35, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S1558
2017-2018: S3707
2019-2020: S3902
2013-S3482A (ACTIVE) - Summary
Provides that filing false liens or encumbrances against public officers or public employees or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowingly file a false or misleading lien is a first degree class E felony.
2013-S3482A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3482A
TITLE OF BILL: An act to amend the penal law, in relation to filing
false liens against public officers or public employees
SUMMARY OF PROVISIONS:
Section 1 amends section 175.35 of the penal law, as amended by
Chapter 99 of the laws of 1998 to add a new subdivision 2. This new
subdivision makes knowingly filing a false lien or encumbrance in a
public record or private record that is generally available to the
public against a public officer or public employer on account of the
performance of such public officer's or employee's official duties, or
with intent to harass, intimidate or otherwise attempt to affect the
actions of the official or employee, knowing or having reason to know
that such lien or encumbrance is false, or contains materially false
fictitious or fraudulent statements or representations a class E
felony.
Section 2 provides that this act shall take effect on the ninetieth
day after it shall have become law.
PURPOSE AND JUSTIFICATION:
More and more frequently, public officials and employees, and
particularly judges, are discovering that disgruntled citizens and
2013-S3482A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3482--A
2013-2014 Regular Sessions
I N S E N A T E
February 4, 2013
___________
Introduced by Sens. RANZENHOFER, BALL, DeFRANCISCO, SAVINO -- 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 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to filing false liens against
public officers or public employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 175.35 of the penal law, as amended by chapter 99
of the laws of 1998, is amended to read as follows:
S 175.35 Offering a false instrument for filing in the first degree.
A person is guilty of offering a false instrument for filing in the
first degree when[,]:
1. knowing that a written instrument contains a false statement or
false information, and with intent to defraud the state or any political
subdivision, public authority or public benefit corporation of the
state, he OR SHE offers or presents it to a public office, public serv-
ant, public authority or public benefit corporation with the knowledge
or belief that it will be filed with, registered or recorded in or
otherwise become a part of the records of such public office, public
servant, public authority or public benefit corporation[.]; OR
2. HE OR SHE KNOWINGLY FILES A FALSE LIEN OR ENCUMBRANCE IN A PUBLIC
RECORD OR PRIVATE RECORD THAT IS GENERALLY AVAILABLE TO THE PUBLIC
AGAINST THE REAL OR PERSONAL PROPERTY OF A PUBLIC OFFICER OR PUBLIC
EMPLOYEE ON ACCOUNT OF THE PERFORMANCE OF SUCH PUBLIC OFFICER'S OR
PUBLIC EMPLOYEE'S OFFICIAL DUTIES, OR WITH THE INTENT TO HARASS, INTIM-
IDATE OR OTHERWISE ATTEMPT TO AFFECT THE ACTIONS OF THE PUBLIC OFFICIAL
OR PUBLIC EMPLOYEE, KNOWING OR HAVING REASON TO KNOW THAT SUCH LIEN OR
ENCUMBRANCE IS FALSE OR CONTAINS MATERIALLY FALSE, FICTITIOUS, OR FRAU-
DULENT STATEMENTS OR REPRESENTATIONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08396-02-4
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.