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Assembly Bill A6151A

2021-2022 Legislative Session

Makes the falsification of COVID-19 vaccination records a crime

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2021-A6151 - Details

Current Committee:
Assembly Health
Law Section:
Penal Law
Laws Affected:
Amd §§170.00 & 156.25, Pen L

2021-A6151 - Summary

Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.

2021-A6151 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6151
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the penal law, in relation  to
   prohibiting the falsification of COVID-19 vaccination records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 2183 to read as follows:
   § 2183. FALSIFYING OF COVID-19 VACCINATION RECORDS. 1. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVID-19  VACCINATION  RECORD  CARD" SHALL MEAN A CARD OR RECORD
 GIVEN TO AN INDIVIDUAL AFTER THEY HAVE RECEIVED A COVID-19 VACCINE WHICH
 KEEPS TRACK OF VITAL VACCINATION INFORMATION, INCLUDING, BUT NOT LIMITED
 TO, THE DATE IN WHICH THE FIRST AND SECOND  DOSE  OF  THE  VACCINE  WERE
 ADMINISTERED TO SUCH INDIVIDUAL AND THE TYPE OF VACCINE RECEIVED.
   (B)  "DIGITAL VACCINE PASSPORT" SHALL MEAN A SYSTEM ACCESSED THROUGH A
 MOBILE APPLICATION WHICH PROVIDES CERTIFIED COVID-19 HEALTH  INFORMATION
 FROM  MEDICAL FACILITIES ABOUT AN INDIVIDUAL AND IS SHARED WITH AIRLINES
 AND BORDER AUTHORITIES AS A METHOD  OF  PROTECTING  PUBLIC  HEALTH  WHEN
 TRAVELING.
   2.  NO  INDIVIDUAL  SHALL  INTENTIONALLY  FALSIFY  OR ALTER A COVID-19
 VACCINATION RECORD CARD OR DIGITAL VACCINE PASSPORT TO MISREPRESENT SUCH
 INDIVIDUAL'S HISTORY AND RECORD OF VACCINE TREATMENT. SUCH FALSIFICATION
 OR FRAUDULENT MISREPRESENTATION OF AN INDIVIDUAL'S VACCINE HISTORY SHALL
 BE A CRIME PURSUANT TO SECTIONS 190.90 AND 190.91 OF THE PENAL LAW.
   § 2. The penal law is amended by adding two new  sections  190.90  and
 190.91 to read as follows:
 § 190.90 FALSIFICATION  OF  COVID-19  VACCINATION  RECORDS IN THE SECOND
            DEGREE.
   A PERSON IS GUILTY OF FALSIFICATION OF COVID-19 VACCINATION RECORDS IN
 THE SECOND DEGREE WHEN SUCH PERSON IS NOT  A  LICENSED  MEDICAL  PROFES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2021-A6151A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Penal Law
Laws Affected:
Amd §§170.00 & 156.25, Pen L

2021-A6151A (ACTIVE) - Summary

Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.

2021-A6151A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6151--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Health -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to amend the penal law, in relation to making the falsification
   of COVID-19 vaccination records a crime

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  1  of  section 170.00 of the penal law, as
 amended by chapter 514 of the laws  of  1986,  is  amended  to  read  as
 follows:
   1.  "Written  instrument"  means  any instrument or article, including
 computer data or a  computer  program,  containing  written  or  printed
 matter  or  the  equivalent  thereof,  used for the purpose of reciting,
 embodying, conveying or recording information, or constituting a  symbol
 or evidence of value, right, privilege or identification, which is capa-
 ble  of being used to the advantage or disadvantage of some person.  FOR
 THE PURPOSES OF THIS ARTICLE,  A CARD PROVIDED TO A PERSON BY A  VACCINE
 PROVIDER  INDICATING  THE  DATE  A PERSON RECEIVED A VACCINATION AGAINST
 COVID-19 AS WELL AS THE TYPE OF VACCINE AND  ITS  LOT  NUMBER  SHALL  BE
 CONSIDERED A WRITTEN INSTRUMENT.
   §  2. Section 156.25 of the penal law, as amended by chapter 89 of the
 laws of 1993, subdivision 2 as amended by chapter 376  of  the  laws  of
 1997, is amended to read as follows:
 § 156.25 Computer tampering in the third degree.
   A  person  is guilty of computer tampering in the third degree when he
 OR SHE commits the crime of computer tampering in the fourth degree and:
   1. he OR SHE does so with an intent to commit or attempt to commit  or
 further the commission of any felony; or
   2.  he  OR  SHE  has been previously convicted of any crime under this
 article or subdivision eleven of section 165.15 of this chapter; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07421-07-1

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