Senate Bill S3902

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3902
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2019
                                ___________
 
 Introduced  by  Sen.  RANZENHOFER -- 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 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 490
 of the laws of 2013, is amended to read as follows:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01642-01-9

 S. 3902                             2
 
 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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.