senate Bill S371A

2013-2014 Legislative Session

Provides that impersonation of a disabled veteran vendor is a class A misdemeanor

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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 (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1460
committee discharged and committed to rules
Jun 03, 2014 print number 371a
amend and recommit to codes
Jan 08, 2014 referred to codes
returned to senate
died in assembly
May 22, 2013 referred to codes
delivered to assembly
passed senate
May 21, 2013 ordered to third reading cal.709
committee discharged and committed to rules
Jan 09, 2013 referred to codes

Votes

view votes

Jun 16, 2014 - Rules committee Vote

S371A
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

May 21, 2013 - Rules committee Vote

S371
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S371 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §190.25, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4726
2009-2010: S1956

S371 - Bill Texts

view summary

Provides that impersonation of a disabled veteran vendor, by carrying or possessing a specialized vending license without authority or any form of insignia or by words or actions is a class A misdemeanor.

view sponsor memo
BILL NUMBER:S371

TITLE OF BILL:
An act
to amend the penal law, in relation to criminal impersonation of a
disabled veteran vendor

PURPOSE:
This bill designates criminal impersonation of a disabled veteran
vendor as a class A misdemeanor.

SUMMARY OF PROVISIONS:
Section 190.25 of the penal law is amended to expand the definition of
second degree criminal impersonation to include the impersonation of
a specially licensed disabled veteran vendor.

JUSTIFICATION:
Those who impersonate disabled veteran vendors in order to illegally
vend are guilty of a shameful, deceitful, and very harmful crime.
Impersonators cause harm to real disabled veteran vendors by stealing
business that is not rightfully theirs and by duping the buying
public into believing that they are supporting a disabled veteran
through their purchase. Making impersonation of a veteran vendor a
class A misdemeanor creates a deterrent to this activity and punishes
impersonators in proportion to their crime.

LEGISLATIVE HISTORY:
2006: S.2485 Passed Senate (61-0)/A.3464 Referred to Cities
2008: S.944 Passed Senate (61-0)/A.1162 Referred to Codes
2009: S.1956 Referred to Codes/A.1640 Referred to Codes
2011: S.4726 Passed Senate/A.10550 Referred to Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   371

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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 impersonation  of
  a disabled veteran vendor

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

  Section 1. Section 190.25 of the penal law, the section heading, open-
ing paragraph, subdivision 3 and closing paragraph as amended by chapter
27 of the laws of 1980, subdivision 4 as added by  chapter  304  of  the
laws of 2008, is amended to read as follows:
S 190.25 Criminal impersonation in the second degree.
  A person is guilty of criminal impersonation in the second degree when
he OR SHE:
  1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
  2.  Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain  a  benefit
or to injure or defraud another; or
  3.  (a)  Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or  facsimile  thereof  by  which
such  public  servant is lawfully distinguished, or falsely expresses by
his OR HER words or actions that he OR SHE is a  public  servant  or  is
acting  with approval or authority of a public agency or department; and
(b) so acts with intent to induce another to submit  to  such  pretended
official  authority,  to  solicit funds or to otherwise cause another to
act in reliance upon that pretense; OR
  4. Impersonates another by communication by internet website or  elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02426-01-3

S. 371                              2

induce  another  to  submit to such authority or act in reliance on such
pretense[.]; OR
  5.  PRETENDS  TO BE A DISABLED VETERAN VENDOR, OR CARRIES OR POSSESSES
WITHOUT AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED  VEND-
ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
AL  BUSINESS  LAW  ANY  FORM  OF INSIGNIA OR IDENTIFICATION OR FACSIMILE
THEREOF, OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE  OR
SHE IS A DISABLED VETERAN VENDOR.
  Criminal impersonation 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.

Co-Sponsors

S371A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd §190.25, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4726
2009-2010: S1956

S371A (ACTIVE) - Bill Texts

view summary

Provides that impersonation of a disabled veteran vendor, by carrying or possessing a specialized vending license without authority or any form of insignia or by words or actions is a class A misdemeanor.

view sponsor memo
BILL NUMBER:S371A

TITLE OF BILL: An act to amend the penal law, in relation to criminal
impersonation of a disabled veteran vendor

PURPOSE: This bill designates criminal impersonation of a disabled
veteran vendor as a class A misdemeanor.

SUMMARY OF PROVISIONS:

Section 190.25 of the penal law is amended to expand the definition of
second degree criminal impersonation to include the impersonation of a
specially licensed disabled veteran vendor.

JUSTIFICATION: Those who impersonate disabled veteran vendors in
order to illegally vend are guilty of a shameful, deceitful, and very
harmful crime. Impersonators cause harm to real disabled veteran
vendors by stealing business that is not rightfully theirs and by
duping the buying public into believing that they are supporting a
disabled veteran through their purchase. Making impersonation of a
veteran vendor a class A misdemeanor creates a deterrent to this
activity and punishes impersonators in proportion to their crime.

LEGISLATIVE HISTORY: 2006: S.2485 Passed Senate (61-0)/A.3464
Referred to Cities 2008: S.944 Passed Senate (61-0)/A.1162 Referred to
Codes 2009: S.1956 Referred to Codes/A.1640 Referred to Codes 2011:
S.4726 Passed Senate/A.10550 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 371--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. KENNEDY, KRUEGER, SAMPSON -- 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 criminal impersonation  of
  a disabled veteran vendor

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

  Section 1. Section 190.25 of the penal law, the section heading, open-
ing paragraph, subdivision 3 and closing paragraph as amended by chapter
27 of the laws of 1980, subdivision 4 as added by  chapter  304  of  the
laws of 2008, is amended to read as follows:
S 190.25 Criminal impersonation in the second degree.
  A person is guilty of criminal impersonation in the second degree when
he OR SHE:
  1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
  2.  Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain  a  benefit
or to injure or defraud another; or
  3.  (a)  Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or  facsimile  thereof  by  which
such  public  servant is lawfully distinguished, or falsely expresses by
his OR HER words or actions that he OR SHE is a  public  servant  or  is
acting  with approval or authority of a public agency or department; and
(b) so acts with intent to induce another to submit  to  such  pretended
official  authority,  to  solicit funds or to otherwise cause another to
act in reliance upon that pretense; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02426-02-4

S. 371--A                           2

  4. Impersonates another by communication by internet website or  elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce  another  to  submit to such authority or act in reliance on such
pretense[.]; OR
  5.  PRETENDS  TO BE A DISABLED VETERAN VENDOR, OR CARRIES OR POSSESSES
WITHOUT AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED  VEND-
ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
AL  BUSINESS  LAW  ANY  FORM  OF INSIGNIA OR IDENTIFICATION OR FACSIMILE
THEREOF, OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE  OR
SHE  IS  A DISABLED VETERAN VENDOR WITH INTENT TO OBTAIN A BENEFIT OR TO
INJURE OR DEFRAUD ANOTHER.
  Criminal impersonation 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.

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