Assembly Bill A10686

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10686
 
                           I N  A S S E M B L Y
 
                              August 28, 2024
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Vanel) --
   read once and referred to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to criminal impersonation  in
   the first degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 190.26 of the penal law, as amended by chapter 2 of
 the laws of 1998, subdivision 1 as amended by chapter 434 of the laws of
 2008, is amended to read as follows:
 § 190.26 Criminal impersonation in the first degree.
   A person is guilty of criminal impersonation in the first degree  when
 [he] SUCH PERSON:
   1.  Pretends to be a police officer or a federal law enforcement offi-
 cer as enumerated in section 2.15 of  the  criminal  procedure  law,  or
 wears  or displays without authority, any uniform, badge or other insig-
 nia or facsimile thereof, by which such police officer  or  federal  law
 enforcement  officer  is  lawfully distinguished or expresses by [his or
 her] THEIR words or actions that [he or she is] THEY ARE acting with the
 approval or authority of any police department or acting  as  a  federal
 law  enforcement  officer  with  the approval of any agency that employs
 federal law enforcement officers as enumerated in section  2.15  of  the
 criminal procedure law; and
   2.  So  acts with intent to induce another to submit to such pretended
 official authority or otherwise to act in reliance  upon  said  pretense
 and in the course of such pretense commits or attempts to commit a felo-
 ny; or
   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. PRETENDING TO BE AN EMPLOYEE OF A UTILITY  COMPANY,  EXPRESSING  BY
 THEIR WORDS OR ACTIONS THAT THEY ARE ACTING WITH THE APPROVAL OR AUTHOR-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15943-02-4
 A. 10686                            2
 
 ITY  OF  A  UTILITY  COMPANY, OR WEARING OR DISPLAYING, WITHOUT AUTHORI-
 ZATION FROM A UTILITY COMPANY, ANY UNIFORM, BADGE, OR OTHER INSIGNIA  OR
 FACSIMILE  THEREOF,  BY  WHICH  A  PERSON  EMPLOYED BY A UTILITY COMPANY
 COMMONLY WEARS OR DISPLAYS, GOES UPON THE PROPERTY OF ANOTHER; OR
   5.  PRETENDING  TO BE A PERSON ENGAGED IN THE DELIVERY OF A PACKAGE OR
 FOOD OR BEVERAGE, EXPRESSING BY THEIR WORDS OR  ACTIONS  THAT  THEY  ARE
 ACTING  WITH  THE  APPROVAL  OR  AUTHORITY OF SUCH PERSON OR COMPANY, OR
 WEARING OR DISPLAYING, WITHOUT AUTHORIZATION FROM SUCH PERSON OR COMPANY
 THEY ARE PURPORTING TO DELIVER SUCH  PACKAGE  OR  FOOD  OR  BEVERAGE  ON
 BEHALF  OF,  ANY UNIFORM, BADGE, OR OTHER INSIGNIA OR FACSIMILE THEREOF,
 BY WHICH A PERSON EMPLOYED BY SUCH PERSON OR COMPANY COMMONLY  WEARS  OR
 DISPLAYS, GOES UPON THE PROPERTY OF ANOTHER.
   Criminal impersonation in the first degree is a class E felony.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.