NY State Senate Bill 2019-S8228

Archive: Last Bill Status - Stricken

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 11, 2020	recommit, enacting clause stricken
Apr 27, 2020	referred to codes

2019-S8228 (ACTIVE) - Details

See Assembly Version of this Bill:: A10390
Law Section:: Penal Law
Laws Affected:: Add §§190.91 & 80.20, amd §70.25, Pen L

2019-S8228 (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.

2019-S8228 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8228

SPONSOR: JACOBS
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
coronavirus related fraud

 
PURPOSE:

To amend the Penal Law in relation to establishing the crime of corona-
virus related fraud.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the penal law by adding new section 190.91
to define coronavirus related fraud. A person is guilty of such fraud
when he or she knowingly commits or attempts to commit a crime related
to the coronavirus. Coronavirus related fraud is a class A misdemeanor.

Section 2 of the bill amends section 70.25 of penal law by adding a new

subdivision 2-h, to impose a sentence upon any person convicted of a
coronavirus related fraud. Such sentence will run consecutively to any
sentence imposed for a conviction arising out of the same criminal tran-
saction.

Section 3 of the bill amends section 80.20 of penal law, to require that
any person convicted of a coronavirus related fraud shall pay a fine
double the amount of the highest fine the court may impose for a
conviction arising from the same criminal transaction, or the highest
fine a court may impose for any conviction under this article of the
penal law.

Section 4 of the bill is the effective date; the first of November next
succeeding the date that this bill shall become law.

 
JUSTIFICATION:

An effective way to discourage fraudulent action during the COVID-l9
pandemic is to enable New York's courts to assess stronger penalties
upon those individuals convicted of criminal fraud related to the novel
coronavirus. Fraud committed during a public health emergency causes ò
fear and confusion amongst New York's law-abiding citizens and serves to
undermine the public's confidence that our state government is adequate-
ly addressing the public health emergency.

We must punish to the fullest extent possible, those that choose to take
advantage of others during periods of great anxiety, confusion and
uneasiness. Society is especially vulnerable during periods of crisis
and we must act to hold individuals accountable, when they are found
guilty of committing criminal fraud related to pandemics. This bill
would establish the crime of coronavirus related fraud, a Class A misde-
meanor; and would require that an additional sentence be imposed, to run
consecutively to any sentence for a conviction arising out of the same
criminal transaction. This legislation would also enable a court to
establish sufficiently higher fines; perhaps twice the amount, for any
person convicted of a coronavirus related fraud. Greater sentences and
higher fines are effective means by which we can adequately penalize and
deter those individuals that seek to defraud New Yorkers during periods
of public health emergency, including the COVID-19 crisis. Sadly, this
legislation is needed to help protect our society during dangerous
times, including the current coronavirus pandemic.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8228 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8228
 
                             I N  S E N A T E
 
                              April 27, 2020
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16058-01-0

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Senate Bill S8228

Sponsored By

Archive: Last Bill Status - Stricken

2019-S8228 (ACTIVE) - Details

2019-S8228 (ACTIVE) - Summary

2019-S8228 (ACTIVE) - Sponsor Memo

2019-S8228 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8228

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Sponsored By

Chris Jacobs

Archive: Last Bill Status - Stricken

2019-S8228 (ACTIVE) - Details

2019-S8228 (ACTIVE) - Summary

2019-S8228 (ACTIVE) - Sponsor Memo

2019-S8228 (ACTIVE) - Bill Text download pdf

Comments