senate Bill S1331

2021-2022 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 - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 26, 2022 referred to codes
delivered to assembly
passed senate
Feb 02, 2022 advanced to third reading
Feb 01, 2022 2nd report cal.
Jan 31, 2022 1st report cal.367
Jan 05, 2022 referred to codes
Feb 08, 2021 reported and committed to finance
Jan 11, 2021 referred to codes

Votes

view votes

Jan 31, 2022 - Codes committee Vote

S1331
11
0
committee
11
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Jan 31, 2022

aye wr (2)

Feb 8, 2021 - Codes committee Vote

S1331
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 8, 2021

aye wr (1)

Co-Sponsors

S1331 (ACTIVE) - Details

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 Other Legislative Sessions:
2017-2018: S4377
2019-2020: S2647

S1331 (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.

S1331 (ACTIVE) - Sponsor Memo

S1331 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1331
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by Sens. KRUEGER, LIU -- 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 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.

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