S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sens. FUSCHILLO, GALLIVAN, LARKIN, MAZIARZ -- read twice
and ordered printed, and when printed to be committed to the Committee
AN ACT to amend the penal law, in relation to false personation and
impersonation committed to gain admission to a transportation facility
or public place and impersonation of a pilot or member of an aviation
flight or ground crew; and in relation to including theft of an offi-
cial law enforcement or fire department identification under the crime
of grand larceny in the third degree
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 190.00 of the penal law is
amended and two new subdivisions 8 and 9 are added to read as follows:
[Issuing a bad check] OTHER FRAUDS; definitions of terms.
8. "PUBLIC PLACE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH
TERM BY SUBDIVISION ONE OF SECTION 240.00 OF THIS PART.
9. "TRANSPORTATION FACILITY" SHALL HAVE THE SAME MEANING AS IS
ASCRIBED TO SUCH TERM BY SUBDIVISION TWO OF SECTION 240.00 OF THIS PART.
S 2. The penal law is amended by adding a new section 190.24 to read
S 190.24 FALSE PERSONATION AT A TRANSPORTATION FACILITY OR PUBLIC PLACE.
A PERSON IS GUILTY OF FALSE PERSONATION AT A TRANSPORTATION FACILITY
OR PUBLIC PLACE WHEN HE OR SHE KNOWINGLY MISREPRESENTS HIS OR HER ACTUAL
NAME, DATE OF BIRTH OR ADDRESS TO ANOTHER PERSON WITH THE INTENT TO
OBTAIN ADMITTANCE INTO OR UPON THAT PORTION OF A TRANSPORTATION FACILITY
OR PUBLIC PLACE, ADMISSION TO WHICH REQUIRES PROOF OF IDENTITY.
FALSE PERSONATION AT A TRANSPORTATION FACILITY OR PUBLIC PLACE IS A
CLASS E FELONY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 759 2
S 3. Section 190.26 of the penal law, as amended by chapter 2 of the
laws of 1998, subdivision 1 as amended by chapter 434 of the laws of
2008, is amended to read as follows:
S 190.26 Criminal impersonation in the first degree.
A person is guilty of criminal impersonation in the first degree when
he OR SHE:
1. (A) Pretends to be a police officer or a federal law enforcement
officer as enumerated in section 2.15 of the criminal procedure law, or
wears or displays without authority, any uniform, badge or other insig-
nia or facsimile thereof, by which such police officer or federal law
enforcement officer is lawfully distinguished or expresses by his or her
words or actions that he or she is acting with the approval or authority
of any police department or acting as a federal law enforcement officer
with the approval of any agency that employs federal law enforcement
officers as enumerated in section 2.15 of the criminal procedure law;
[2.] (B) So acts with intent to induce another to submit to such
pretended official authority or otherwise to act in reliance upon said
pretense and in the course of such pretense commits or attempts to
commit a felony; or
[3.] 2. Pretending to be a duly licensed physician or other person
authorized to issue a prescription for any drug or any instrument or
device used in the taking or administering of drugs for which a
prescription is required by law, communicates to a pharmacist an oral
prescription which is required to be reduced to writing pursuant to
section thirty-three hundred thirty-two of the public health law[.]; OR
3. IMPERSONATES ANOTHER AND DOES AN ACT IN SUCH ASSUMED CHARACTER WITH
INTENT TO OBTAIN ADMITTANCE INTO OR UPON THAT PORTION OF A TRANSPORTA-
TION FACILITY OR PUBLIC PLACE, ADMISSION TO WHICH REQUIRES PROOF OF
Criminal impersonation in the first degree is a class E felony.
S 4. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
A person is guilty of grand larceny in the third degree when he or she
steals property and:
1. when the value of the property exceeds three thousand dollars[,];
2. the property is an automated teller machine or the contents of an
automated teller machine; OR
3. THE PROPERTY CONSISTS OF AN OFFICIAL LAW ENFORCEMENT OR FIRE
DEPARTMENT IDENTIFICATION ISSUED BY A FEDERAL, STATE OR MUNICIPAL LAW
ENFORCEMENT AGENCY OR FIRE DEPARTMENT.
Grand larceny in the third degree is a class D felony.
S 5. Section 190.25 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
5. WHEN UPON AN AIRCRAFT OR IN AN AIRPORT, PRETENDS TO BE A PILOT OR A
MEMBER OF AN AVIATION FLIGHT OR GROUND CREW, OR WEARS, DISPLAYS OR
POSSESSES WITHOUT AUTHORITY, ANY UNIFORM, BADGE, INSIGNIA, IDENTIFICA-
TION OR FACSIMILE THEREOF BY WHICH SUCH PILOT, FLIGHT OR GROUND CREW
MEMBER IS DISTINGUISHED; OR FALSELY EXPRESSES BY HIS OR HER WORDS OR
ACTIONS THAT HE OR SHE IS A PILOT OR FLIGHT OR GROUND CREW MEMBER, OR IS
ACTING WITH THE APPROVAL OR AUTHORITY OF ANY AIRLINE, AIRPORT, TRANSPOR-
TATION AUTHORITY OR AVIATION REGULATORY AGENCY.
S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.