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Assembly Bill A6388

2023-2024 Legislative Session

Establishes the crime of criminal use of public records

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Archive: Last Bill Status - In Assembly Committee

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2023-A6388 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§240.80 & 240.81, Pen L
Versions Introduced in 2025-2026 Legislative Session:
A5498

2023-A6388 (ACTIVE) - Summary

Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.

2023-A6388 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6388
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced  by M. of A. BROOK-KRASNY, NOVAKHOV -- read once and referred
   to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  criminal  use  of  public
   records
 
   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 two new sections  240.80
 and 240.81 to read as follows:
 § 240.80 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION.
   FOR  THE  PURPOSES  OF  SECTION 240.81 OF THIS ARTICLE, "RECORD" SHALL
 HAVE THE SAME MEANING ASCRIBED TO  SUCH  TERM  BY  SUBDIVISION  FOUR  OF
 SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW.
 § 240.81 CRIMINAL USE OF PUBLIC RECORDS.
   A  PERSON  IS GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN HE OR SHE,
 WITH THE INTENT TO USE SUCH RECORD IN THE COMMISSION OF A CRIME,  INTEN-
 TIONALLY OBTAINS ANY RECORD THROUGH THE PROCESS PROVIDED PURSUANT TO THE
 PUBLIC  OFFICERS  LAW  AND  ATTEMPTS  TO  USE OR USES SUCH RECORD IN THE
 COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION
 OF A CRIME.
   CRIMINAL USE OF PUBLIC RECORDS IS A CLASS E FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10258-01-3

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