BILL NUMBER: S6704

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the penal law, in relation to the forgery of immuniza-
tion records

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would clarify existing forgery related sections in penal law
to explicitly make clear that forging or possessing a forged immuniza-
tion record, including but not limited to the COVID-19 vaccination
record card, shall be considered a class C or D felony, depending on the
number of forged records.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 170.10 of the penal law (forgery in the second
degree) to add a new subdivision 6. The addition would add forged immun-
ization records, including but not limited to the COVID-19 vaccination
              

record card, to the list of written instruments that if falsely made,
completed or altered with intent to defraud, constitute a class D felo-
ny.

Section 2 amends section 170.15 of the penal law (forgery in the first
degree) to add a new subdivision 3. The addition would add 50 or more
forged immunization records, including but not limited to the COVID-19
vaccination record card, to the list of written instruments that if
falsely made, completed or altered with intent to defraud, constitute a
class C felony.

Section 3 sets the effective date.

 
JUSTIFICATION:

A number of recent reports have shed light on the escalating trend of
counterfeit or otherwise fraudulent vaccination cards in New York and
around the nation. Under these schemes, individuals sell or distribute
forged COVID-19 vaccination cards that are normally provided upon immun-
ization and bear a CDC insignia. These falsified cards are concerning
because of the deleterious impact on our public health and the public's
trust when participating in activities or attending venues that require
proof of vaccination.

This bill would make clear that people who engage in the production and
distribution of fraudulent COVID-19 cards -or any immunization record
normally produced by a federal, state or local government health organ-
ization- are captured by New York's felony forgery statutes.  Addi-
tionally, existing laws regarding the possession of forged documents are
tied to the sections that this bill amends. If this bill were adopted,
individuals possessing a falsified COVID-19 card, or other immunization
record that they know to be fraudulent, would be guilty of criminal
possession of a forged instrument in the first or second degree, depend-
ing on the number of forged records (pursuant to penal law sections
170.25 and 170.30).

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.