NY State Assembly Bill 2023-A1818B

Current Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 24, 2024	print number 1818b
Jan 24, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes
Dec 29, 2023	print number 1818a
Dec 29, 2023	amend and recommit to codes
Jan 23, 2023	referred to codes

Bill Amendments

Original

B (Active)

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multi-Sponsors

2023-A1818 - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§10.00 & 60.35, add §190.28, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A5492
2019-2020: A3681
2021-2022: A2271

2023-A1818 - Summary

Establishes the crime of stolen valor when a person pretends to be a member of the military or reserves, a veteran or a first responder, or as having received a decoration or medal; provides that such crime be a class A misdemeanor.

2023-A1818 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1818
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES,
   GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by --  M.
   of A. GLICK, RAMOS -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to creating the crime of
   stolen valor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended by adding two new
 subdivisions 22 and 23 to read as follows:
   22.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
 UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
 GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
 NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
   23. "VETERAN" MEANS A PERSON WHO WAS  A  MEMBER  OF  THE  MILITARY  OR
 RESERVES  AS  DEFINED IN SUBDIVISION TWENTY-TWO OF THIS SECTION, BUT WHO
 HAS SINCE BEEN DISCHARGED FROM SUCH SERVICES.
   § 2. The penal law is amended by adding a new section 190.28  to  read
 as follows:
 § 190.28 STOLEN VALOR.
   A  PERSON  IS  GUILTY  OF STOLEN VALOR WHEN HE OR SHE PRETENDS TO BE A
 MEMBER OF THE MILITARY OR RESERVES AS DEFINED BY SUBDIVISION  TWENTY-TWO
 OF SECTION 10.00 OF THIS CHAPTER, OR PRETENDS TO BE A VETERAN AS DEFINED
 BY  SUBDIVISION  TWENTY-THREE OF SECTION 10.00 OF THIS CHAPTER, OR WEARS
 OR DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM, BADGE OR OTHER  INSIGNIA  OR
 FACSIMILE  THEREOF,  BY  WHICH SUCH MEMBER OF THE MILITARY OR VETERAN IS
 LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS  THAT
 HE  OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY DEPARTMENT OF
 DEFENSE BRANCH OR THE UNITED STATES COAST GUARD FOR THE PURPOSE OF FRAU-
 DULENTLY OBTAINING MONEY OR OTHER BENEFITS.
   STOLEN VALOR IS A CLASS A MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-01-3
 A. 1818                             2

 
   § 3. Subdivisions 1, 2 and 3 of section 60.35 of  the  penal  law,  as
 amended  by  section  1  of  part  E  of chapter 56 of the laws of 2004,
 subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision  1  as
 amended  by  section  1 of part DD of chapter 56 of the laws of 2008 and
 paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
 2006, are amended to read as follows:
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 historic preservation law, whenever  proceedings  in  an  administrative
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
 surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
 crime  victim  assistance fee, AND A STOLEN VALOR FEE in addition to any
 sentence required or permitted by law, in accordance with the  following
 schedule:
   (i)  a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars and a crime victim assistance fee  of  twenty-five
 dollars;
   (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
 surcharge of one hundred seventy-five dollars and a crime victim assist-
 ance fee of twenty-five dollars;
   (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
 surcharge  of  ninety-five  dollars and a crime victim assistance fee of
 twenty-five dollars;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent offense as defined by subdivision three of section  one  hundred
 sixty-eight-a  of  the  correction law shall, in addition to a mandatory
 surcharge and crime victim assistance fee, pay a sex offender  registra-
 tion fee of fifty dollars[.];
   (v)  a person convicted of a designated offense as defined by subdivi-
 sion seven of section nine hundred  ninety-five  of  the  executive  law
 shall,  in addition to a mandatory surcharge and crime victim assistance
 fee, pay a DNA databank fee of fifty dollars[.];
   (VI) A PERSON CONVICTED OF ANY OFFENSE PURSUANT TO SECTION  190.28  OF
 THIS  CHAPTER  SHALL,  IN  ADDITION  TO  A MANDATORY SURCHARGE AND CRIME
 VICTIM ASSISTANCE FEE, PAY ANY OTHER FEE REQUIRED BY THIS  ARTICLE,  AND
 PAY A STOLEN VALOR FEE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS.
   (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
 (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
 offense  contained in article one hundred thirty of this chapter, incest
 in the third, second or first degree  as  defined  in  sections  255.25,
 255.26 and 255.27 of this chapter or an offense contained in article two
 hundred  sixty-three  of  this chapter, the person convicted shall pay a
 supplemental sex offender victim fee of one thousand dollars in addition
 to the mandatory surcharge and any other fee.
   2. Where a person is convicted of two or  more  crimes  or  violations
 committed  through  a single act or omission, or through an act or omis-
 sion which in itself constituted one of the  crimes  or  violations  and
 also  was  a  material  element  of  the other, the court shall impose a
 mandatory surcharge and a crime victim assistance fee, and where  appro-
 priate  a supplemental sex offender victim fee OR A STOLEN VALOR FEE, in
 accordance with  the  provisions  of  this  section  for  the  crime  or
 violation  which  carries  the  highest  classification,  and  no  other
 sentence to pay a mandatory surcharge, crime victim assistance fee [or],
 A. 1818                             3
 
 supplemental sex offender victim fee, OR A STOLEN VALOR FEE required  by
 this  section  shall be imposed.   Where a person is convicted of two or
 more sex offenses or sexually violent offenses, as defined  by  subdivi-
 sions  two  and  three  of  section  one  hundred  sixty-eight-a  of the
 correction law, committed through a single act or omission,  or  through
 an  act  or omission which in itself constituted one of the offenses and
 also was a material element of the other, the court  shall  impose  only
 one sex offender registration fee. Where a person is convicted of two or
 more  designated  offenses,  as  defined by subdivision seven of section
 nine hundred ninety-five of  the  executive  law,  committed  through  a
 single  act  or  omission, or through an act or omission which in itself
 constituted one of the offenses and also was a material element  of  the
 other, the court shall impose only one DNA databank fee.
   3.  The  mandatory surcharge, sex offender registration fee, DNA data-
 bank fee, crime victim assistance fee, [and] supplemental  sex  offender
 victim fee, AND STOLEN VALOR FEE provided for in subdivision one of this
 section shall be paid to the clerk of the court or administrative tribu-
 nal that rendered the conviction. Within the first ten days of the month
 following collection of the mandatory surcharge, crime victim assistance
 fee,  and supplemental sex offender victim fee, the collecting authority
 shall determine the amount of mandatory surcharge, crime victim  assist-
 ance  fee,  [and] supplemental sex offender victim fee, AND STOLEN VALOR
 FEE collected and, if it is an administrative tribunal,  or  a  town  or
 village  justice  court, it shall then pay such money to the state comp-
 troller who shall deposit such money in the state treasury  pursuant  to
 section one hundred twenty-one of the state finance law to the credit of
 the  criminal justice improvement account established by section ninety-
 seven-bb of the state finance law. Within the  first  ten  days  of  the
 month  following collection of the sex offender registration fee and DNA
 databank fee, the collecting authority shall determine the amount of the
 sex offender registration fee and DNA databank fee collected and, if  it
 is  an  administrative  tribunal, or a town or village justice court, it
 shall then pay such money to the state  comptroller  who  shall  deposit
 such  money  in the state treasury pursuant to section one hundred twen-
 ty-one of the state finance law to the credit of the  general  fund.  If
 such  collecting  authority  is  any  other  court  of the unified court
 system, it shall, within such period, pay such money attributable to the
 mandatory surcharge or crime victim assistance fee to the state  commis-
 sioner  of  taxation  and  finance to the credit of the criminal justice
 improvement account established by section ninety-seven-bb of the  state
 finance  law.    If  such collecting authority is any other court of the
 unified court system, it shall,  within  such  period,  pay  such  money
 attributable  to  the sex offender registration fee and the DNA databank
 fee to the state commissioner of taxation and finance to the  credit  of
 the  general  fund. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVI-
 SION, ALL MONIES PAID TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF
 TAXATION AND FINANCE WHICH ARE ATTRIBUTABLE TO MONIES COLLECTED FOR  THE
 STOLEN VALOR FEE SHALL BE CREDITED TO THE VETERANS REMEMBRANCE AND CEME-
 TERY  MAINTENANCE  AND  OPERATION  FUND  ESTABLISHED PURSUANT TO SECTION
 NINETY-SEVEN-MMMM OF THE STATE FINANCE LAW.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A1818A - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§10.00 & 60.35, add §190.28, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A5492
2019-2020: A3681
2021-2022: A2271

2023-A1818A - Summary

2023-A1818A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1818--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES,
   GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by --  M.
   of A. GLICK, RAMOS -- read once and referred to the Committee on Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the penal law, in relation  to  creating  the  crime  of
   stolen valor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended  by  adding  four
 new subdivisions 23, 24, 25, and 26 to read as follows:
   23.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
 UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
 GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
 NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
   24. "VETERAN" MEANS A PERSON WHO WAS  A  MEMBER  OF  THE  MILITARY  OR
 RESERVES AS DEFINED IN SUBDIVISION TWENTY-THREE OF THIS SECTION, BUT WHO
 HAS SINCE BEEN DISCHARGED FROM SUCH SERVICES.
   25.  "FIRST  RESPONDER"  MEANS A FIREFIGHTER, LAW ENFORCEMENT OFFICER,
 PARAMEDIC, EMERGENCY MEDICAL TECHNICIAN, EMERGENCY SERVICES  DISPATCHER,
 OR  OTHER  INDIVIDUAL,  INCLUDING AN EMPLOYEE OF A LEGALLY ORGANIZED AND
 RECOGNIZED VOLUNTEER ORGANIZATION, WHETHER COMPENSATED OR NOT,  WHO,  IN
 THE COURSE OF HIS OR HER PROFESSIONAL DUTIES, RESPONDS TO FIRE, MEDICAL,
 HAZARDOUS MATERIAL, OR OTHER SIMILAR EMERGENCIES.
   26.  "FIRST RESPONDER AGENCY" MEANS A STATE OR LOCAL DISTRICT, MUNICI-
 PALITY, OR OTHER POLITICAL SUBDIVISION THAT EMPLOYS A  FIRST  RESPONDER,
 TO  PROVIDE  FIRE PROTECTION, PARAMEDIC SERVICES, LAW ENFORCEMENT, EMER-
 GENCY SERVICES, OR RESCUE OR RECOVERY SERVICES, OR A  RECOGNIZED  VOLUN-
 TEER ORGANIZATION THAT PROVIDES FIRE PROTECTION, PARAMEDIC SERVICES, LAW
 ENFORCEMENT, EMERGENCY SERVICES, OR RESCUE OR RECOVERY SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-02-3
 A. 1818--A                          2

 
   §  2.  The penal law is amended by adding a new section 190.28 to read
 as follows:
 § 190.28 STOLEN VALOR.
   A  PERSON  IS  GUILTY  OF STOLEN VALOR WHEN HE OR SHE PRETENDS TO BE A
 MEMBER OF THE MILITARY OR RESERVES AS  DEFINED  BY  SUBDIVISION  TWENTY-
 THREE  OF  SECTION 10.00 OF THIS CHAPTER, OR PRETENDS TO BE A VETERAN AS
 DEFINED BY SUBDIVISION TWENTY-FOUR OF SECTION 10.00 OF THIS CHAPTER,  OR
 PRETENDS  TO  BE A FIRST RESPONDER AS DEFINED BY SUBDIVISION TWENTY-FIVE
 OF SECTION 10.00 OF THIS CHAPTER, OR WEARS OR DISPLAYS WITHOUT  AUTHORI-
 TY,  ANY UNIFORM, BADGE OR OTHER INSIGNIA OR FACSIMILE THEREOF, BY WHICH
 SUCH MEMBER OF THE MILITARY, VETERAN  OR  FIRST  RESPONDER  IS  LAWFULLY
 DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR SHE
 IS  ACTING  WITH  THE APPROVAL OR AUTHORITY OF ANY DEPARTMENT OF DEFENSE
 BRANCH, THE UNITED STATES COAST GUARD OR FIRST RESPONDER AGENCY FOR  THE
 PURPOSE OF FRAUDULENTLY OBTAINING MONEY OR OTHER BENEFITS.
   STOLEN VALOR IS A CLASS A MISDEMEANOR.
   §  3.  Subdivisions  1,  2 and 3 of section 60.35 of the penal law, as
 amended by section 1 of part E of  chapter  56  of  the  laws  of  2004,
 subparagraphs  (i),  (ii) and (iii) of paragraph (a) of subdivision 1 as
 amended by section 1 of part DD of chapter 56 of the laws  of  2008  and
 paragraph  (b) of subdivision 1 as amended by chapter 320 of the laws of
 2006, are amended to read as follows:
   1. (a) Except as provided in section  eighteen  hundred  nine  of  the
 vehicle  and  traffic law and section 27.12 of the parks, recreation and
 historic preservation law, whenever  proceedings  in  an  administrative
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of  this  chapter,  there  shall  be  levied  at  sentencing a mandatory
 surcharge, sex offender registration fee,  DNA  databank  fee  [and],  a
 crime  victim  assistance fee, AND A STOLEN VALOR FEE in addition to any
 sentence required or permitted by law, in accordance with the  following
 schedule:
   (i)  a person convicted of a felony shall pay a mandatory surcharge of
 three hundred dollars and a crime victim assistance fee  of  twenty-five
 dollars;
   (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
 surcharge of one hundred seventy-five dollars and a crime victim assist-
 ance fee of twenty-five dollars;
   (iii) a  person  convicted  of  a  violation  shall  pay  a  mandatory
 surcharge  of  ninety-five  dollars and a crime victim assistance fee of
 twenty-five dollars;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent offense as defined by subdivision three of section  one  hundred
 sixty-eight-a  of  the  correction law shall, in addition to a mandatory
 surcharge and crime victim assistance fee, pay a sex offender  registra-
 tion fee of fifty dollars[.];
   (v)  a person convicted of a designated offense as defined by subdivi-
 sion seven of section nine hundred  ninety-five  of  the  executive  law
 shall,  in addition to a mandatory surcharge and crime victim assistance
 fee, pay a DNA databank fee of fifty dollars[.];
   (VI) A PERSON CONVICTED OF ANY OFFENSE PURSUANT TO SECTION  190.28  OF
 THIS  CHAPTER  SHALL,  IN  ADDITION  TO  A MANDATORY SURCHARGE AND CRIME
 VICTIM ASSISTANCE FEE, PAY ANY OTHER FEE REQUIRED BY THIS  ARTICLE,  AND
 PAY A STOLEN VALOR FEE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS.
 A. 1818--A                          3
 
   (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
 (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
 offense  contained in article one hundred thirty of this chapter, incest
 in the third, second or first degree  as  defined  in  sections  255.25,
 255.26 and 255.27 of this chapter or an offense contained in article two
 hundred  sixty-three  of  this chapter, the person convicted shall pay a
 supplemental sex offender victim fee of one thousand dollars in addition
 to the mandatory surcharge and any other fee.
   2. Where a person is convicted of two or  more  crimes  or  violations
 committed  through  a single act or omission, or through an act or omis-
 sion which in itself constituted one of the  crimes  or  violations  and
 also  was  a  material  element  of  the other, the court shall impose a
 mandatory surcharge and a crime victim assistance fee, and where  appro-
 priate  a supplemental sex offender victim fee OR A STOLEN VALOR FEE, in
 accordance with  the  provisions  of  this  section  for  the  crime  or
 violation  which  carries  the  highest  classification,  and  no  other
 sentence to pay a mandatory surcharge, crime victim assistance fee [or],
 supplemental sex offender victim fee, OR A STOLEN VALOR FEE required  by
 this  section  shall be imposed.   Where a person is convicted of two or
 more sex offenses or sexually violent offenses, as defined  by  subdivi-
 sions  two  and  three  of  section  one  hundred  sixty-eight-a  of the
 correction law, committed through a single act or omission,  or  through
 an  act  or omission which in itself constituted one of the offenses and
 also was a material element of the other, the court  shall  impose  only
 one sex offender registration fee. Where a person is convicted of two or
 more  designated  offenses,  as  defined by subdivision seven of section
 nine hundred ninety-five of  the  executive  law,  committed  through  a
 single  act  or  omission, or through an act or omission which in itself
 constituted one of the offenses and also was a material element  of  the
 other, the court shall impose only one DNA databank fee.
   3.  The  mandatory surcharge, sex offender registration fee, DNA data-
 bank fee, crime victim assistance fee, [and] supplemental  sex  offender
 victim fee, AND STOLEN VALOR FEE provided for in subdivision one of this
 section shall be paid to the clerk of the court or administrative tribu-
 nal that rendered the conviction. Within the first ten days of the month
 following collection of the mandatory surcharge, crime victim assistance
 fee,  and supplemental sex offender victim fee, the collecting authority
 shall determine the amount of mandatory surcharge, crime victim  assist-
 ance  fee,  [and] supplemental sex offender victim fee, AND STOLEN VALOR
 FEE collected and, if it is an administrative tribunal,  or  a  town  or
 village  justice  court, it shall then pay such money to the state comp-
 troller who shall deposit such money in the state treasury  pursuant  to
 section one hundred twenty-one of the state finance law to the credit of
 the  criminal justice improvement account established by section ninety-
 seven-bb of the state finance law. Within the  first  ten  days  of  the
 month  following collection of the sex offender registration fee and DNA
 databank fee, the collecting authority shall determine the amount of the
 sex offender registration fee and DNA databank fee collected and, if  it
 is  an  administrative  tribunal, or a town or village justice court, it
 shall then pay such money to the state  comptroller  who  shall  deposit
 such  money  in the state treasury pursuant to section one hundred twen-
 ty-one of the state finance law to the credit of the  general  fund.  If
 such  collecting  authority  is  any  other  court  of the unified court
 system, it shall, within such period, pay such money attributable to the
 mandatory surcharge or crime victim assistance fee to the state  commis-
 sioner  of  taxation  and  finance to the credit of the criminal justice
 A. 1818--A                          4
 
 improvement account established by section ninety-seven-bb of the  state
 finance  law.    If  such collecting authority is any other court of the
 unified court system, it shall,  within  such  period,  pay  such  money
 attributable  to  the sex offender registration fee and the DNA databank
 fee to the state commissioner of taxation and finance to the  credit  of
 the  general  fund. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVI-
 SION, ALL MONIES PAID TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF
 TAXATION AND FINANCE WHICH ARE ATTRIBUTABLE TO MONIES COLLECTED FOR  THE
 STOLEN VALOR FEE SHALL BE CREDITED TO THE VETERANS REMEMBRANCE AND CEME-
 TERY  MAINTENANCE  AND  OPERATION  FUND  ESTABLISHED PURSUANT TO SECTION
 NINETY-SEVEN-MMMM OF THE STATE FINANCE LAW.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2023-A1818B (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Amd §§10.00 & 60.35, add §190.28, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A5492
2019-2020: A3681
2021-2022: A2271

2023-A1818B (ACTIVE) - Summary

2023-A1818B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1818--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES,
   GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by --  M.
   of A. GLICK, RAMOS -- read once and referred to the Committee on Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation  to  creating  the  crime  of
   stolen valor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended  by  adding  four
 new subdivisions 23, 24, 25, and 26 to read as follows:
   23.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
 UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
 GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
 NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
   24. "VETERAN" MEANS A PERSON WHO WAS  A  MEMBER  OF  THE  MILITARY  OR
 RESERVES AS DEFINED IN SUBDIVISION TWENTY-THREE OF THIS SECTION, BUT WHO
 HAS SINCE BEEN DISCHARGED FROM SUCH SERVICES.
   25.  "FIRST  RESPONDER"  MEANS A FIREFIGHTER, LAW ENFORCEMENT OFFICER,
 PARAMEDIC, EMERGENCY MEDICAL TECHNICIAN, EMERGENCY SERVICES  DISPATCHER,
 OR  OTHER  INDIVIDUAL,  INCLUDING AN EMPLOYEE OF A LEGALLY ORGANIZED AND
 RECOGNIZED VOLUNTEER ORGANIZATION, WHETHER COMPENSATED OR NOT,  WHO,  IN
 THE COURSE OF HIS OR HER PROFESSIONAL DUTIES, RESPONDS TO FIRE, MEDICAL,
 HAZARDOUS MATERIAL, OR OTHER SIMILAR EMERGENCIES.
   26.  "FIRST RESPONDER AGENCY" MEANS A STATE OR LOCAL DISTRICT, MUNICI-
 PALITY, OR OTHER POLITICAL SUBDIVISION THAT EMPLOYS A  FIRST  RESPONDER,
 TO  PROVIDE  FIRE PROTECTION, PARAMEDIC SERVICES, LAW ENFORCEMENT, EMER-
 GENCY SERVICES, OR RESCUE OR RECOVERY SERVICES, OR A  RECOGNIZED  VOLUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-03-4

 A. 1818--B                          2
 
 TEER ORGANIZATION THAT PROVIDES FIRE PROTECTION, PARAMEDIC SERVICES, LAW
 ENFORCEMENT, EMERGENCY SERVICES, OR RESCUE OR RECOVERY SERVICES.
   §  2.  The penal law is amended by adding a new section 190.28 to read
 as follows:
 § 190.28 STOLEN VALOR.
   A PERSON IS GUILTY OF STOLEN VALOR WHEN HE OR SHE  PRETENDS  TO  BE  A
 MEMBER  OF  THE  MILITARY  OR RESERVES AS DEFINED BY SUBDIVISION TWENTY-
 THREE OF SECTION 10.00 OF THIS CHAPTER, OR PRETENDS TO BE A  VETERAN  AS
 DEFINED  BY SUBDIVISION TWENTY-FOUR OF SECTION 10.00 OF THIS CHAPTER, OR
 PRETENDS TO BE A FIRST RESPONDER AS DEFINED BY  SUBDIVISION  TWENTY-FIVE
 OF  SECTION 10.00 OF THIS CHAPTER, OR WEARS OR DISPLAYS WITHOUT AUTHORI-
 TY, ANY UNIFORM, BADGE OR OTHER INSIGNIA OR FACSIMILE THEREOF, OR  HOLDS
 ONESELF OUT TO BE A RECIPIENT OF A DECORATION OR MEDAL CREATED BY FEDER-
 AL OR STATE LAWS AND REGULATIONS TO HONOR THE MEMBERS OR VETERANS OF THE
 UNITED  STATES ARMED FORCES OR THE ORGANIZED MILITIA OR FIRST RESPONDERS
 BY WHICH SUCH MEMBER OF THE MILITARY,  VETERAN  OR  FIRST  RESPONDER  IS
 LAWFULLY  DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT
 HE OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY DEPARTMENT  OF
 DEFENSE  BRANCH, THE UNITED STATES COAST GUARD OR FIRST RESPONDER AGENCY
 FOR THE PURPOSE OF FRAUDULENTLY OBTAINING MONEY OR OTHER BENEFITS.
   STOLEN VALOR IS A CLASS A MISDEMEANOR.
   § 3. Subdivisions 1, 2 and 3 of section 60.35 of  the  penal  law,  as
 amended  by  section  1  of  part  E  of chapter 56 of the laws of 2004,
 subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision  1  as
 amended  by  section  1 of part DD of chapter 56 of the laws of 2008 and
 paragraph (b) of subdivision 1 as amended by chapter 320 of the laws  of
 2006, are amended to read as follows:
   1.  (a)  Except  as  provided  in section eighteen hundred nine of the
 vehicle and traffic law and section 27.12 of the parks,  recreation  and
 historic  preservation  law,  whenever  proceedings in an administrative
 tribunal or a court of this state result in a conviction for a felony, a
 misdemeanor, or a violation, as these terms are defined in section 10.00
 of this chapter,  there  shall  be  levied  at  sentencing  a  mandatory
 surcharge,  sex  offender  registration  fee,  DNA databank fee [and], a
 crime victim assistance fee, AND A STOLEN VALOR FEE in addition  to  any
 sentence  required or permitted by law, in accordance with the following
 schedule:
   (i) a person convicted of a felony shall pay a mandatory surcharge  of
 three  hundred  dollars and a crime victim assistance fee of twenty-five
 dollars;
   (ii) a person  convicted  of  a  misdemeanor  shall  pay  a  mandatory
 surcharge of one hundred seventy-five dollars and a crime victim assist-
 ance fee of twenty-five dollars;
   (iii)  a  person  convicted  of  a  violation  shall  pay  a mandatory
 surcharge of ninety-five dollars and a crime victim  assistance  fee  of
 twenty-five dollars;
   (iv) a person convicted of a sex offense as defined by subdivision two
 of section one hundred sixty-eight-a of the correction law or a sexually
 violent  offense  as defined by subdivision three of section one hundred
 sixty-eight-a of the correction law shall, in addition  to  a  mandatory
 surcharge  and crime victim assistance fee, pay a sex offender registra-
 tion fee of fifty dollars[.];
   (v) a person convicted of a designated offense as defined by  subdivi-
 sion  seven  of  section  nine  hundred ninety-five of the executive law
 shall, in addition to a mandatory surcharge and crime victim  assistance
 fee, pay a DNA databank fee of fifty dollars[.];
 A. 1818--B                          3
 
   (VI)  A  PERSON CONVICTED OF ANY OFFENSE PURSUANT TO SECTION 190.28 OF
 THIS CHAPTER SHALL, IN ADDITION  TO  A  MANDATORY  SURCHARGE  AND  CRIME
 VICTIM  ASSISTANCE  FEE, PAY ANY OTHER FEE REQUIRED BY THIS ARTICLE, AND
 PAY A STOLEN VALOR FEE IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS.
   (b)  When  the  felony or misdemeanor conviction in subparagraphs (i),
 (ii) or (iv) of paragraph  (a)  of  this  subdivision  results  from  an
 offense  contained in article one hundred thirty of this chapter, incest
 in the third, second or first degree  as  defined  in  sections  255.25,
 255.26 and 255.27 of this chapter or an offense contained in article two
 hundred  sixty-three  of  this chapter, the person convicted shall pay a
 supplemental sex offender victim fee of one thousand dollars in addition
 to the mandatory surcharge and any other fee.
   2. Where a person is convicted of two or  more  crimes  or  violations
 committed  through  a single act or omission, or through an act or omis-
 sion which in itself constituted one of the  crimes  or  violations  and
 also  was  a  material  element  of  the other, the court shall impose a
 mandatory surcharge and a crime victim assistance fee, and where  appro-
 priate  a supplemental sex offender victim fee OR A STOLEN VALOR FEE, in
 accordance with  the  provisions  of  this  section  for  the  crime  or
 violation  which  carries  the  highest  classification,  and  no  other
 sentence to pay a mandatory surcharge, crime victim assistance fee [or],
 supplemental sex offender victim fee, OR A STOLEN VALOR FEE required  by
 this  section  shall be imposed.   Where a person is convicted of two or
 more sex offenses or sexually violent offenses, as defined  by  subdivi-
 sions  two  and  three  of  section  one  hundred  sixty-eight-a  of the
 correction law, committed through a single act or omission,  or  through
 an  act  or omission which in itself constituted one of the offenses and
 also was a material element of the other, the court  shall  impose  only
 one sex offender registration fee. Where a person is convicted of two or
 more  designated  offenses,  as  defined by subdivision seven of section
 nine hundred ninety-five of  the  executive  law,  committed  through  a
 single  act  or  omission, or through an act or omission which in itself
 constituted one of the offenses and also was a material element  of  the
 other, the court shall impose only one DNA databank fee.
   3.  The  mandatory surcharge, sex offender registration fee, DNA data-
 bank fee, crime victim assistance fee, [and] supplemental  sex  offender
 victim fee, AND STOLEN VALOR FEE provided for in subdivision one of this
 section shall be paid to the clerk of the court or administrative tribu-
 nal that rendered the conviction. Within the first ten days of the month
 following collection of the mandatory surcharge, crime victim assistance
 fee,  and supplemental sex offender victim fee, the collecting authority
 shall determine the amount of mandatory surcharge, crime victim  assist-
 ance  fee,  [and] supplemental sex offender victim fee, AND STOLEN VALOR
 FEE collected and, if it is an administrative tribunal,  or  a  town  or
 village  justice  court, it shall then pay such money to the state comp-
 troller who shall deposit such money in the state treasury  pursuant  to
 section one hundred twenty-one of the state finance law to the credit of
 the  criminal justice improvement account established by section ninety-
 seven-bb of the state finance law. Within the  first  ten  days  of  the
 month  following collection of the sex offender registration fee and DNA
 databank fee, the collecting authority shall determine the amount of the
 sex offender registration fee and DNA databank fee collected and, if  it
 is  an  administrative  tribunal, or a town or village justice court, it
 shall then pay such money to the state  comptroller  who  shall  deposit
 such  money  in the state treasury pursuant to section one hundred twen-
 ty-one of the state finance law to the credit of the  general  fund.  If
 A. 1818--B                          4
 
 such  collecting  authority  is  any  other  court  of the unified court
 system, it shall, within such period, pay such money attributable to the
 mandatory surcharge or crime victim assistance fee to the state  commis-
 sioner  of  taxation  and  finance to the credit of the criminal justice
 improvement account established by section ninety-seven-bb of the  state
 finance  law.    If  such collecting authority is any other court of the
 unified court system, it shall,  within  such  period,  pay  such  money
 attributable  to  the sex offender registration fee and the DNA databank
 fee to the state commissioner of taxation and finance to the  credit  of
 the  general  fund. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVI-
 SION, ALL MONIES PAID TO THE STATE COMPTROLLER OR TO THE COMMISSIONER OF
 TAXATION AND FINANCE WHICH ARE ATTRIBUTABLE TO MONIES COLLECTED FOR  THE
 STOLEN VALOR FEE SHALL BE CREDITED TO THE VETERANS REMEMBRANCE AND CEME-
 TERY  MAINTENANCE  AND  OPERATION  FUND  ESTABLISHED PURSUANT TO SECTION
 NINETY-SEVEN-MMMM OF THE STATE FINANCE LAW.
   § 4. This act shall take effect immediately.

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Assembly Bill A1818B

Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2023-A1818 - Details

2023-A1818 - Summary

2023-A1818 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2023-A1818A - Details

2023-A1818A - Summary

2023-A1818A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2023-A1818B (ACTIVE) - Details

2023-A1818B (ACTIVE) - Summary

2023-A1818B (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A1818B

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Sponsored By

DINOWITZ

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Michael Benedetto

William Colton

Crystal Peoples-Stokes

Aileen Gunther

multi-Sponsors

Deborah Glick

Philip Ramos

2023-A1818 - Details

2023-A1818 - Summary

2023-A1818 - Bill Text download pdf

co-Sponsors

Michael Benedetto

William Colton

Crystal Peoples-Stokes

Aileen Gunther

multi-Sponsors

Deborah Glick

Philip Ramos

2023-A1818A - Details

2023-A1818A - Summary

2023-A1818A - Bill Text download pdf

co-Sponsors

Michael Benedetto

William Colton

Crystal Peoples-Stokes

Aileen Gunther

multi-Sponsors

Deborah Glick

Philip Ramos

2023-A1818B (ACTIVE) - Details

2023-A1818B (ACTIVE) - Summary

2023-A1818B (ACTIVE) - Bill Text download pdf

Comments