assembly Bill A10390

2019-2020 Legislative Session

Relates to establishing the crime of coronavirus related fraud

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 04, 2020 referred to codes

A10390 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§190.91 & 80.20, amd §70.25, Pen L

A10390 (ACTIVE) - Summary

Establishes the crime of coronavirus related fraud; requires sentences for such crime be run consecutively to any crime arising from the same criminal transaction.

A10390 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10390
 
                           I N  A S S E M B L Y
 
                                May 4, 2020
                                ___________
 
 Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing the crime  of
   coronavirus related fraud
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 190.91  to
 read as follows:
 § 190.91 CORONAVIRUS RELATED FRAUD.
   A  PERSON  IS GUILTY OF CORONAVIRUS RELATED FRAUD WHEN HE OR SHE KNOW-
 INGLY COMMITS OR ATTEMPTS TO COMMIT ANY CRIME UNDER THIS TITLE OR  TITLE
 J  OF  THIS  PART AND THE ACTS TAKEN TO COMMIT OR ATTEMPT TO COMMIT SUCH
 CRIME RELATED TO THE CORONAVIRUS.
   CORONAVIRUS RELATED FRAUD IS A CLASS A MISDEMEANOR.
   § 2. Section 70.25 of the penal law is amended by adding a new  subdi-
 vision 2-h to read as follows:
   2-H.  WHENEVER  A  PERSON IS CONVICTED OF CORONAVIRUS RELATED FRAUD AS
 DEFINED IN SECTION 190.91 OF THIS CHAPTER, THE SENTENCE IMPOSED  BY  THE
 COURT  FOR  SUCH  OFFENSE  SHALL  BE ORDERED TO RUN CONSECUTIVELY TO ANY
 SENTENCE IMPOSED UPON CONVICTION OF AN OFFENSE DEFINED  IN  TITLE  K  OR
 TITLE J OF THIS CHAPTER ARISING FROM THE SAME CRIMINAL TRANSACTION.
   § 3. The penal law is amended by adding a new section 80.20 to read as
 follows:
 § 80.20 SPECIAL FINES.
   NOTWITHSTANDING  THIS ARTICLE, WHENEVER A PERSON IS CONVICTED OF CORO-
 NAVIRUS RELATED FRAUD AS DEFINED IN SECTION 190.91 OF THIS CHAPTER,  THE
 SENTENCE  TO  PAY  A FINE SHALL BE A SENTENCE TO PAY AN AMOUNT, FIXED BY
 THE COURT, NOT EXCEEDING THE HIGHER OF:
   1. DOUBLE THE HIGHEST FINE THE COURT  COULD  IMPOSE  FOR  ANY  OF  THE
 CONVICTIONS  UNDER  THIS ARTICLE FOR ANY CRIMES UNDER TITLE K OR TITLE J
 OF THIS CHAPTER ARISING FROM THE SAME CRIMINAL TRANSACTION AS THE  CORO-
 NAVIRUS RELATED FRAUD; OR
   2.  THE HIGHEST FINE THE COURT COULD IMPOSE FOR ANY OF THE CONVICTIONS
 UNDER THIS ARTICLE.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.