Senate Bill S4591

                                BILL NUMBER:S4591

TITLE OF BILL:

An act to amend the lien law, in relation to filing of false liens
against public officials

PURPOSE:

To ensure that appropriate punishments and deterrents exist in
relation to the malicious filing of false or fictitious liens against
local or state officers as defined in state law, including but not
limited to police officers and elected officials.

SUMMARY OF PROVISIONS:

Section one amends the lien law to prohibit the filing of false or
fictitious liens against public officers as defined in section two of
the public officers law, and imposes a criminal sanction of 510,000
per incidence or up to one year in prison or both.

Section two sets forth the effective date

JUSTIFICATION:

In recent years, members of the so-called "Sovereign Citizens
              

Movement" have begun to utilize the tactic of filing multiple false or
fictitious liens against police officers and public officials as a
means to intimidate these individuals and undermine the rule of law.
The FBI describes such individuals as anti-government extremists who
believe that even though they are in the country, they are separate or
"sovereign" from the United States.  There are multiple examples
across New York State of "sovereigns" using false liens as a part of a
scheme to destroy the lives of ordinary people who are simply doing
their jobs. These bogus liens are meritless, but in multiple cases
they were accepted by the Department of State and other entities and
began to appear on credit reports and had a significant and negative
impact on law abiding citizens.

In response to this problem, the Federal Government has enacted 18
USCA 1521, which gives Federal authorities the ability to prosecute
those involved in this activity, but the law only covers those victims
who are Federal Government officials.  This bill would provide
equivalent state protections to public officers covered under New York
State law, including local elected leaders and law enforcement
officials.

LEGISLATIVE HISTORY:

S.2026 of 2013 referred to Judiciary.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediately.