The New York State Senate

                    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

S. 3482--A                          2

  Offering a false instrument for filing in the first degree is a  class
E felony.
  S 2. Section 175.35 of the penal law, as amended by chapter 490 of the
laws of 2013, 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. (a) he or she commits the crime of offering a false instrument  for
filing in the second degree; and
  (b) such instrument is a financing statement the contents of which are
prescribed by section 9--502 of the uniform commercial code, the collat-
eral  asserted  to  be  covered  in  such statement is the property of a
person who is a state or local officer as defined by section two of  the
public  officers  law  or  who  otherwise  is  a judge or justice of the
unified court system, such financing statement does  not  relate  to  an
actual  transaction,  and  he  or  she filed such financing statement in
retaliation for the performance of official duties by such person[.]; OR
  3. 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.
  Offering a false instrument for filing in the first degree is a  class
E felony.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided however, that section two of this act  shall
take  effect  on  the  same  date and in the same manner as section 3 of
chapter 490 of the laws of 2013, takes effect.