assembly Bill A7408

2019-2020 Legislative Session

Creates the offense of defrauding the government in the first degree and expands the definition of conspiracy in the fourth degree; relates to expanding the definition of tax fraud acts

download bill text pdf

Sponsored By

Current 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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
May 01, 2019 referred to codes

A7408 (ACTIVE) - Details

See Senate Version of this Bill:
S2647
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §195.22, amd §105.10, Pen L; amd §1801, Tax L; amd §11-4002, NYC Ad Cd
Versions Introduced in 2017-2018 Legislative Session:
S4377

A7408 (ACTIVE) - Summary

Creates the offense of defrauding the government in the first degree and expands the definition of conspiracy in the fourth degree; relates to expanding the definition of tax fraud acts.

A7408 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7408

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2019
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend the penal law, in relation to creating the offense of
  defrauding the government in the first degree and expanding the  defi-
  nition  of  conspiracy  in the fourth degree; and to amend the tax law
  and the administrative code of the city of New York,  in  relation  to
  expanding the definition of tax fraud acts

  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 195.22  to
read as follows:
§ 195.22 DEFRAUDING THE GOVERNMENT IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF DEFRAUDING THE GOVERNMENT IN THE FIRST DEGREE
WHEN, HE OR SHE KNOWINGLY MANUFACTURES, SELLS,  INSTALLS,  OR  USES,  OR
ATTEMPTS  TO  MANUFACTURE,  SELL,  INSTALL  OR  USE,  AN AUTOMATED SALES
SUPPRESSION DEVICE FOR THE PURPOSE OF ENABLING OR ASSISTING  ANY  PERSON
TO  EVADE  ANY  TAX  OWED TO THE STATE OR A POLITICAL SUBDIVISION OF THE
STATE OR ANY INSTRUMENTALITY OF THE STATE.
  FOR PURPOSES OF THIS SECTION AN "AUTOMATED SALES  SUPPRESSION  DEVICE"
IS  A SOFTWARE PROGRAM THAT FALSIFIES ELECTRONIC RECORDS FOR THE PURPOSE
OF EVADING ANY TAX OWED TO THE STATE, OR ANY  POLITICAL  SUBDIVISION  OF
THE  STATE,  OR  ANY  INSTRUMENTALITY  OF THE STATE. AN "AUTOMATED SALES
SUPPRESSION DEVICE" INCLUDES ANY SOFTWARE PROGRAM THAT IS (A) MAINTAINED
ON A USB MEMORY STICK OR THUMB DRIVE, ZAPPER, REMOVABLE COMPACT DISC  OR
OTHER EXTERNAL DEVICE, OR (B) EMBEDDED IN THE OPERATING SYSTEM AS "PHAN-
TOM WARE," OR (C) OTHERWISE ACCESSED REMOTELY.
  DEFRAUDING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS D FELONY.
  § 2. Section 105.10 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
  4.  THE  FELONY  OF  DEFRAUDING  THE GOVERNMENT IN THE FIRST DEGREE AS
DEFINED IN SECTION 195.22 OF THIS PART (DEFRAUDING THE GOVERNMENT IN THE

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