NY State Senate Bill 2017-S206A

Archive: Last Bill Status - In Senate Committee Judiciary 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

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Mar 16, 2017	print number 206a
Mar 16, 2017	amend and recommit to judiciary
Jan 04, 2017	referred to judiciary

Bill Amendments

Original

A (Active)

2017-S206 - Details

Current Committee:: Senate Judiciary
Law Section:: Lien Law
Laws Affected:: Add §66, Lien L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2026
2015-2016: S4591

2017-S206 - Summary

Relates to the filing of false liens against certain public officers.

2017-S206 - Sponsor Memo

                                 BILL NUMBER:  S206

 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.4591 of 2015-16 referred to Judiciary
S.2026 of 2013-14 referred to Judiciary

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S206 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    206
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT  to  amend  the  lien  law, in relation to filing of false liens
   against public officials

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The lien law is amended by adding a new section 66 to read
 as follows:
   § 66. FILING OF FALSE LIENS AGAINST CERTAIN PUBLIC OFFICERS.   WHOEVER
 FILES OR CONSPIRES TO FILE, IN ANY PUBLIC RECORD OR PRIVATE RECORD WHICH
 IS  GENERALLY  AVAILABLE  TO  THE  PUBLIC, ANY FALSE LIEN OR ENCUMBRANCE
 AGAINST THE REAL OR PERSONAL PROPERTY OF A LOCAL  OR  STATE  OFFICER  AS
 DEFINED  IN  SECTION  TWO  OF THE PUBLIC OFFICERS LAW, ON ACCOUNT OF THE
 PERFORMANCE OF OFFICIAL DUTIES OF THAT  INDIVIDUAL,  KNOWING  OR  HAVING
 REASON  TO  KNOW  THAT SUCH LIEN OR ENCUMBRANCE IS FALSE OR CONTAINS ANY
 MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT OR REPRESENTATION,
 SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE BY A FINE OF TEN THOUSAND
 DOLLARS PER INCIDENCE OR UP TO ONE YEAR IN PRISON, OR BY BOTH SUCH  FINE
 AND IMPRISONMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03005-01-7

2017-S206A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Lien Law
Laws Affected:: Add §66, Lien L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S2026
2015-2016: S4591

2017-S206A (ACTIVE) - Summary

Relates to the filing of false liens against certain public officers.

2017-S206A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S206A

 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 $10,000
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. 4591 of 2015-16 referred to Judiciary
S.2026 of 2013-14 referred to Judiciary

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S206A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  206--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed  to  be  committed  to the Committee on Judiciary -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the lien law, in  relation  to  filing  of  false  liens
   against public officials
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The lien law is amended by adding a new section 66 to  read
 as follows:
   §  66. FILING OF FALSE LIENS AGAINST CERTAIN PUBLIC OFFICERS.  WHOEVER
 KNOWINGLY FILES OR CONSPIRES TO FILE, IN ANY PUBLIC  RECORD  OR  PRIVATE
 RECORD  WHICH  IS  GENERALLY  AVAILABLE TO THE PUBLIC, ANY FALSE LIEN OR
 ENCUMBRANCE AGAINST THE REAL OR PERSONAL PROPERTY OF A  LOCAL  OR  STATE
 OFFICER AS DEFINED IN SECTION TWO OF THE PUBLIC OFFICERS LAW, ON ACCOUNT
 OF  THE  PERFORMANCE  OF  OFFICIAL DUTIES OF THAT INDIVIDUAL, KNOWING OR
 HAVING REASON TO KNOW THAT SUCH LIEN OR ENCUMBRANCE IS FALSE OR CONTAINS
 ANY MATERIALLY FALSE, FICTITIOUS, OR FRAUDULENT STATEMENT  OR  REPRESEN-
 TATION,  SHALL BE GUILTY OF A CLASS E FELONY PUNISHABLE BY A FINE OF TEN
 THOUSAND DOLLARS PER INCIDENCE OR UP TO ONE YEAR IN PRISON, OR  BY  BOTH
 SUCH FINE AND IMPRISONMENT.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03005-02-7

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Senate Bill S206A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S206 - Details

2017-S206 - Summary

2017-S206 - Sponsor Memo

2017-S206 - Bill Text download pdf

2017-S206A (ACTIVE) - Details

2017-S206A (ACTIVE) - Summary

2017-S206A (ACTIVE) - Sponsor Memo

2017-S206A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Kathleen A. Marchione

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S206 - Details

2017-S206 - Summary

2017-S206 - Sponsor Memo

2017-S206 - Bill Text download pdf

2017-S206A (ACTIVE) - Details

2017-S206A (ACTIVE) - Summary

2017-S206A (ACTIVE) - Sponsor Memo

2017-S206A (ACTIVE) - Bill Text download pdf

Comments