Senate Bill S2720

2021-2022 Legislative Session

Relates to the crimes of criminal impersonation in the first degree and fraud in connection with a primary election, caucus or convention; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • 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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2021-S2720 (ACTIVE) - Details

See Assembly Version of this Bill:
A7008
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §190.26, Pen L; rpld §17-102 sub 5, amd §17-102, add §§17-101 & 3-104-b, El L; add §392-k, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:
S6795, A8487

2021-S2720 (ACTIVE) - Summary

Relates to the crimes of fraud in connection with a primary election, caucus or convention, and criminal impersonation in the first degree where a person pretends to be an elected official or candidate for an elected office and acts by impersonating such an elected official, or candidate or campaign for such an elected office, by communication by internet website or electronic means, with intent to obtain a benefit or injure or defraud another; requires social media companies to establish practical mechanisms for closing accounts within twenty-four hours of receiving notice that such account involves either such crime; authorizes the state board of elections chief enforcement counsel to investigate allegations or claims of such crimes, including subpoena powers and to issue cease and desist orders to the relevant social media companies upon proof of such impersonation or fraudulent or wrongful act.

2021-S2720 (ACTIVE) - Sponsor Memo

2021-S2720 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2720
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sens. GALLIVAN, AKSHAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, the election law and the general business
   law, in relation to the crime of criminal impersonation in  the  first
   degree  and  fraud  in  connection  with a primary election, caucus or
   convention; and to repeal  certain  provisions  of  the  election  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 190.26 of the penal law, as  added
 by chapter 2 of the laws of 1998, is amended to read as follows:
   3.  Pretending to be a duly licensed physician or other person author-
 ized to issue a prescription for any drug or any  instrument  or  device
 used in the taking or administering of drugs for which a prescription is
 required by law, communicates to a pharmacist an oral prescription which
 is  required  to  be reduced to writing pursuant to section thirty-three
 hundred thirty-two of the public health law; OR
   4. PRETENDS TO BE AN ELECTED OFFICIAL  OR  CANDIDATE  FOR  AN  ELECTED
 OFFICE  AND ACTS BY IMPERSONATING SUCH AN ELECTED OFFICIAL, OR CANDIDATE
 OR CAMPAIGN FOR SUCH AN ELECTED OFFICE,  BY  COMMUNICATION  BY  INTERNET
 WEBSITE  OR  ELECTRONIC MEANS, WITH INTENT TO OBTAIN A BENEFIT OR INJURE
 OR DEFRAUD ANOTHER.
   § 2. Subdivision 5 of section 17-102 of the election law  is  REPEALED
 and  subdivisions  6, 7, 8, 9, 10, 11, 12 and 13 are renumbered subdivi-
 sions 5, 6, 7, 8, 9, 10, 11 and 12.
   § 3. The election law is amended by adding a  new  section  17-101  to
 read as follows:
   §  17-101.  FRAUD  IN  CONNECTION  WITH  A PRIMARY ELECTION, CAUCUS OR
 CONVENTION. 1. ANY PERSON WHO FRAUDULENTLY OR  WRONGFULLY  PERFORMS  ANY
 ACT  OR  ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT OF ANY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04189-01-1
              

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