NY State Senate Bill 2017-S463

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 04, 2018	advanced to third reading
May 31, 2018	2nd report cal.
May 30, 2018	1st report cal.1404
Jan 03, 2018	referred to codes
Jun 21, 2017	committed to rules
Jan 30, 2017	advanced to third reading
Jan 24, 2017	2nd report cal.
Jan 23, 2017	1st report cal.70
Jan 04, 2017	referred to codes

Votes

- May 30, 2018 - Codes Committee Vote
  S463
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 30, 2018
      
      aye (14)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Gallivan
      
      Golden
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Peralta
      
      Savino
      
      Serrano
      
      Tedisco
      
      aye wr (1)
      
      Griffo
      
      excused (1)
      
      Croci
  Jan 23, 2017 - Codes Committee Vote
  S463
  
  15
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 23, 2017
      
      aye (15)
      
      Akshar
      
      Bailey
      
      Boyle
      
      Croci
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hoylman-Sigal
      
      Kaminsky
      
      Krueger
      
      Lanza
      
      O'Mara
      
      Savino
      
      Squadron
      
      Tedisco
      
      excused (1)
      
      Perkins

2017-S463 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Amd §§170.00 - 170.15, 170.25 & 170.30, add §170.26, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6292
2013-2014: S129
2015-2016: S1250

2017-S463 (ACTIVE) - Summary

Prohibits the sale of forged instruments; includes the sale and manufacture of government issued documents in the class C felony of forgery in the first degree.

2017-S463 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S463

 TITLE OF BILL :  An act to amend the penal law, in relation to forged
instruments and the sale thereof

 PURPOSE OF THE BILL :

Prohibits the sale of forged instruments and includes the sale and
manufacture of government issued documents in class C felony of
forgery in the first degree.

 SUMMARY OF PROVISIONS OF BILL :

Section 1 amends penal law § 170.00 by adding new subdivision 9
defining the term sell.

Section 2 amends penal law § 170.05, forgery in the third degree, an A
misdemeanor, to include the sale of a forged instrument.

Section 3 amends penal law § 170.10, forgery in the second degree, a D
Felony, to include the sale of a forged instrument and removes
government documents from the list of second degree forgeries.

Section 4 amends penal law § 170.15, forgery in the first degree, a C
felony, to include the sale of a forged instrument and includes
government documents within the list of first degree forgeries.

Section 5 adds penal law § 170.26 creating a presumption that a person
who possesses two or more forged government documents depicting a
person other than himself intends to sell said forged documents.

Sections 6 and 7 clarify that possession of a forged government
document remains a second degree crime, punishable as a D felony.

Section 8 establishes the effective date.

 JUSTIFICATION :

The manufacture and sale of forged government documents ("Fake IDs")
facilitate a broad array of serious harms locally, statewide and on a
national level. These include relatively minor but socially damaging
harms like public nuisance and quality of life violations, as well as
indisputably grave ills such as identity theft and fraud, increased
alcohol related fatalities among minors, and the evasion of detection
by sex offenders, drunken drivers, and aliens with violent criminal
records. Fake IDs have even played critical roles in a number of
terrorist plots, some of which have been thwarted, others of which
have ended in tragedy.

Over the past several years, multiple media outlets have published
reports on the open sale of Fake IDs on the street corners of
Roosevelt Avenue, right in the heart of my district. This sort of open
lawlessness is what prevents Roosevelt Avenue from realizing its
potential as a thriving commercial area. Just recently, a group of
Fake ID manufacturers and sellers based in lower Manhattan were
charged with using forged government documents to misappropriate the
identities of more than 180 New Yorkers and steal in excess of $1
million. In 2009, 45 New York minors died while driving drunk and
another 279 were arrested for DUIs. Many, if not most, of those minors
purchased alcohol using Fake IDs. Most chillingly, in the wake of the
9/11 terrorist attacks it was discovered that all 19 hijackers had
fraudulently obtained or fake Social Security numbers and 18 of the 19
possessed fraudulently obtained or phony driver's licenses or motor
vehicle ID cards. There is no end to these stories.


Although New York law enforcement officers and prosecutors have done a
remarkable job combating the manufacture and sale of Fake IDs, notably
through prolonged undercover investigations, the current Fake ID laws
contain a number of gaps that we as lawmakers should feel obligated to
close. This legislation will close those gaps.

This bill will deter street-corner ID peddlers by explicitly making it
a crime to sell or offer for sale forged government documents, raising
the quality of life in places like Roosevelt Avenue. It also makes it
clear for the first time that the sale of any forged instrument is an
equivalent crime to the forgery of the same instrument. In recognition
of the unique dangers posed by Fake IDs this bill raises the penalty
for the sale or manufacture of a forged government document from a D
felony to a C felony. However, the bill also brings the prohibition
against forged government documents into line with other contraband
laws such as those regulating narcotics, by making it a lesser crime
to possess a fake ID than to sell or manufacture one. Finally, the
bill creates a presumption that a person who possesses two or more
Fake IDs depicting a person other than the possessor intends to sell
said IDs and may be charged as such. With these gaps filled, New York
law enforcement and prosecutors will have the tools they need to
improve upon their already commendable track record in the fight
against Fake IDs.

 LEGISLATIVE HISTORY :

2015-2016-S1250
2013-2014 - S.129 (Passed Senate)
2011-12: S.6292

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None noted.

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

2017-S463 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    463
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen. PERALTA -- 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 forged instruments and the
   sale thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 170.00 of the penal law is amended by adding a new
 subdivision 9 to read as follows:
   9. "SELL" MEANS TO SELL, EXCHANGE, GIVE OR DISPOSE OF TO  ANOTHER,  OR
 OFFER OR AGREE TO DO THE SAME.
   § 2. Section 170.05 of the penal law is amended to read as follows:
 § 170.05 Forgery in the third degree.
   A person is guilty of forgery in the third degree when[, with]:
   1. WITH intent to defraud, deceive or injure another, he OR SHE false-
 ly makes, completes or alters a written instrument[.]; OR
   2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
 DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS A FORGED INSTRUMENT.
   Forgery in the third degree is a class A misdemeanor.
   § 3. Section 170.10 of the penal law,  subdivision  1  as  amended  by
 chapter 949 of the laws of 1984, is amended to read as follows:
 § 170.10 Forgery in the second degree.
   A person is guilty of forgery in the second degree when[, with]:
   1. WITH intent to defraud, deceive or injure another, he OR SHE false-
 ly  makes, completes or alters a written instrument which is or purports
 to be, or which is calculated to become or to represent if completed:
   [1.] (A) A  deed,  will,  codicil,  contract,  assignment,  commercial
 instrument, credit card, as that term is defined in subdivision seven of
 section  155.00, or other instrument which does or may evidence, create,
 transfer, terminate or otherwise affect a legal right,  interest,  obli-
 gation or status; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00058-01-7

 S. 463                              2
 
   [2.]  (B)  A  public  record,  or  an  instrument filed or required or
 authorized by law to be filed in or with a public office or public serv-
 ant; or
   [3.  A  written  instrument  officially  issued or created by a public
 office, public servant or governmental instrumentality; or
   4.] (C) Part of an issue of tokens, public  transportation  transfers,
 certificates  or  other  articles  manufactured  and designed for use as
 symbols of value usable in place of money for the purchase  of  property
 or services; or
   [5.]  (D)  A prescription of a duly licensed physician or other person
 authorized to issue the same for any drug or any  instrument  or  device
 used in the taking or administering of drugs for which a prescription is
 required by law[.]; OR
   2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
 DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS ANY FORGED  INSTRUMENT  OF  A
 KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
   Forgery in the second degree is a class D felony.
   § 4. Section 170.15 of the penal law is amended to read as follows:
 § 170.15 Forgery in the first degree.
   A person is guilty of forgery in the first degree when[, with]:
   1.  WITH  intent  to  defraud,  deceive or injure another, he   OR SHE
 falsely makes, completes or alters a  written  instrument  which  is  or
 purports  to  be,  or  which  is calculated to become or to represent if
 completed:
   [1.] (A) Part of an issue of money, stamps, securities or other  valu-
 able instruments issued by a government or governmental instrumentality;
 or
   [2.] (B) Part of an issue of stock, bonds or other instruments repres-
 enting  interests in or claims against a corporate or other organization
 or its property[.]; OR
   (C) A WRITTEN INSTRUMENT OFFICIALLY ISSUED  OR  CREATED  BY  A  PUBLIC
 OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY; OR
   2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
 DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS ANY FORGED  INSTRUMENT  OF  A
 KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
   Forgery in the first degree is a class C felony.
   §  5.  The penal law is amended by adding a new section 170.26 to read
 as follows:
 § 170.26 CRIMINAL POSSESSION OF A FORGED INSTRUMENT; PRESUMPTION.
   A PERSON WHO POSSESSES TWO OR MORE FORGED INSTRUMENTS OF A KIND SPECI-
 FIED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15,  IDENTIFYING
 ANOTHER  PERSON  OR  PERSONS,  WITH  KNOWLEDGE THAT SUCH INSTRUMENTS ARE
 FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER,  SHALL  BE
 PRESUMED  TO POSSESS SUCH FORGED INSTRUMENTS WITH INTENT TO SELL THEM IN
 VIOLATION OF SUBDIVISION TWO OF SECTION 170.15 OF THIS ARTICLE.
   § 6. Section 170.25 of the penal law is amended to read as follows:
 § 170.25 Criminal possession  of  a  forged  instrument  in  the  second
            degree.
   A  person  is  guilty of criminal possession of a forged instrument in
 the second degree when, with knowledge that it is forged and with intent
 to defraud, deceive or injure another, he OR SHE utters or possesses any
 forged instrument of a kind specified  in  SUBDIVISION  ONE  OF  section
 170.10 OR PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15.
   Criminal  possession  of a forged instrument in the second degree is a
 class D felony.
   § 7. Section 170.30 of the penal law is amended to read as follows:

 S. 463                              3

 § 170.30 Criminal possession of a forged instrument in the first degree.
   A  person  is  guilty of criminal possession of a forged instrument in
 the first degree when, with knowledge that it is forged and with  intent
 to defraud, deceive or injure another, he OR SHE utters or possesses any
 forged  instrument of a kind specified in PARAGRAPH (A) OR (B) OF SUBDI-
 VISION ONE OF section 170.15.
   Criminal possession of a forged instrument in the first  degree  is  a
 class C felony.
   § 8. 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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Senate Bill S463

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 30, 2018 - Codes Committee Vote

Codes Committee Vote: May 30, 2018

Jan 23, 2017 - Codes Committee Vote

Codes Committee Vote: Jan 23, 2017

2017-S463 (ACTIVE) - Details

2017-S463 (ACTIVE) - Summary

2017-S463 (ACTIVE) - Sponsor Memo

2017-S463 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S463

Share this bill

Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S463 (ACTIVE) - Details

2017-S463 (ACTIVE) - Summary

2017-S463 (ACTIVE) - Sponsor Memo

2017-S463 (ACTIVE) - Bill Text download pdf

Comments