Assembly Bill A8487

2019-2020 Legislative Session

Relates to the crimes of criminal impersonation in the first degree and fraud in connection with a primary election, caucus or convention; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A8487 (ACTIVE) - Details

See Senate Version of this Bill:
S6795
Current Committee:
Assembly Election Law
Law Section:
Penal Law
Laws Affected:
Amd §190.26, Pen L; rpld §17-102 sub 5, amd §17-102, add §§17-101 & 3-104-b, El L; add §392-k, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A7008, S2720

2019-A8487 (ACTIVE) - Summary

Relates to the crimes of fraud in connection with a primary election, caucus or convention, and criminal impersonation in the first degree where a person pretends to be an elected official or candidate for an elected office and acts by impersonating such an elected official, or candidate or campaign for such an elected office, by communication by internet website or electronic means, with intent to obtain a benefit or injure or defraud another; requires social media companies to establish practical mechanisms for closing accounts within twenty-four hours of receiving notice that such account involves either such crime; and authorizes the state board of elections chief enforcement counsel to investigate allegations or claims of such crimes, including subpoena powers and to issue cease and desist orders to the relevant social media companies upon proof of such impersonation or fraudulent or wrongful act.

2019-A8487 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8487
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 7, 2019
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Election Law
 
 AN ACT to amend the penal law, the election law and the general business
   law,  in  relation to the crime of criminal impersonation in the first
   degree and fraud in connection with  a  primary  election,  caucus  or
   convention;  and  to  repeal  certain  provisions  of the election law
   relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 190.26 of the penal law, as added
 by chapter 2 of the laws of 1998, is amended to read as follows:
   3. Pretending to be a duly licensed physician or other person  author-
 ized  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
   4.  PRETENDS  TO  BE  AN  ELECTED OFFICIAL OR CANDIDATE FOR AN ELECTED
 OFFICE AND ACTS BY IMPERSONATING SUCH AN ELECTED OFFICIAL, OR  CANDIDATE
 OR  CAMPAIGN  FOR  SUCH  AN ELECTED OFFICE, BY COMMUNICATION BY INTERNET
 WEBSITE OR ELECTRONIC MEANS, WITH INTENT TO OBTAIN A BENEFIT  OR  INJURE
 OR DEFRAUD ANOTHER.
   §  2.  Subdivision 5 of section 17-102 of the election law is REPEALED
 and subdivisions 6, 7, 8, 9, 10, 11, 12 and 13 are  renumbered  subdivi-
 sions 5, 6, 7, 8, 9, 10, 11 and 12.
   §  3.  The  election  law is amended by adding a new section 17-101 to
 read as follows:
   § 17-101. FRAUD IN CONNECTION  WITH  A  PRIMARY  ELECTION,  CAUCUS  OR
 CONVENTION.  1.  ANY  PERSON WHO FRAUDULENTLY OR WRONGFULLY PERFORMS ANY
 ACT OR ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT  OF  ANY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13341-01-9
              

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