Senate Bill S9154A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9154--A
 
                             I N  S E N A T E
 
                                May 1, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be  committed  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  criminal impersonation in
   the second degree and establishes a stolen valor fee

   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  five
 new subdivisions 23, 24, 25, 26 and 27 to read as follows:
   23. "MILITARY OR RESERVES" MEANS (A) THE UNITED STATES ARMY, NAVY, AIR
 FORCE,  MARINES,  SPACE  FORCE,  COAST  GUARD, COMMISSIONED CORPS OF THE
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, COMMISSIONED  CORPS  OF
 THE PUBLIC HEALTH SERVICE,  AND THE RESERVE COMPONENTS THEREOF INCLUDING
 THE ARMY NATIONAL GUARD AND AIR NATIONAL GUARD OR (B) THE NEW YORK GUARD
 OR THE NEW YORK NAVAL MILITIA, OR THE ORGANIZED MILITIA OR DEFENSE FORCE
 OF  ANY  OTHER  STATE, TERRITORY OR THE DISTRICT OF COLUMBIA, OR (C) ANY
 GROUP DESIGNATED BY THE  FEDERAL  GOVERNMENT  AS  PERFORMING  OR  HAVING
 PERFORMED  ACTIVE MILITARY, NAVAL, AIR, OR SPACE SERVICE FOR PURPOSES OF
 ELIGIBILITY FOR BENEFITS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF
 VETERANS AFFAIRS.
   24.  "SERVICEMEMBER" MEANS A PERSON SERVING AS A MEMBER OF  THE  MILI-
 TARY OR RESERVES.
   25.  "FORMER  SERVICEMEMBER"  MEANS  A  PERSON WHO WAS A MEMBER OF THE
 MILITARY OR RESERVES AS DEFINED  IN  SUBDIVISION  TWENTY-THREE  OF  THIS
 SECTION AND WHO WAS DISCHARGED OR RELEASED THEREFROM.
   26.  "FIRST  RESPONDER"  MEANS A FIREFIGHTER, LAW ENFORCEMENT OFFICER,
 PARAMEDIC, EMERGENCY MEDICAL TECHNICIAN, EMERGENCY SERVICES  DISPATCHER,
 OR  OTHER  INDIVIDUAL, WHETHER COMPENSATED OR NOT, WHO, IN THE COURSE OF
 THEIR PROFESSIONAL OR  VOLUNTEER  DUTIES,  RESPONDS  TO  FIRE,  MEDICAL,
 HAZARDOUS MATERIAL, OR OTHER SIMILAR EMERGENCIES.
   27.  "FIRST RESPONDER AGENCY" MEANS A STATE OR LOCAL DISTRICT, MUNICI-
 PALITY, OR OTHER POLITICAL SUBDIVISION  OR  VOLUNTEER  ORGANIZATION  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-08-4
              

 S. 9154--A                          2
 
 WHICH  A  FIRST  RESPONDER PROVIDES FIRE PROTECTION, PARAMEDIC SERVICES,
 LAW ENFORCEMENT, EMERGENCY SERVICES, OR RESCUE OR RECOVERY SERVICES.
   §  2.    Subdivision 5 of section 190.25 of the penal law, as added by
 chapter 739 of the laws of 2021, is amended and two new  subdivisions  6
 and 7 are added to read as follows:
   5.  Impersonates  another  person, without such other person's permis-
 sion, by using the other person's electronic signature  with  intent  to
 obtain  a  benefit  or  injure  or  defraud  the other person or another
 person. For the purposes of this subdivision, electronic signature shall
 have the same meaning as set forth in subdivision three of section three
 hundred two of the state technology law[.]; OR
   6. (A) PRETENDS TO BE A  SERVICEMEMBER  OR  FORMER  SERVICEMEMBER,  OR
 WEARS  OR DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM, BADGE OR OTHER INSIG-
 NIA OR FACSIMILE THEREOF BY WHICH SUCH SERVICEMEMBER OR FORMER SERVICEM-
 EMBER IS LAWFULLY DISTINGUISHED, OR FALSELY HOLDS ONESELF OUT  TO  BE  A
 RECIPIENT  OF A DECORATION OR MEDAL CREATED BY FEDERAL OR STATE LAWS AND
 REGULATIONS TO HONOR SERVICEMEMBERS OR FORMER SERVICEMEMBERS OR  FALSELY
 EXPRESSES BY SUCH PERSON'S WORDS OR ACTIONS THAT SUCH PERSON IS A SERVI-
 CEMEMBER OR FORMER SERVICEMEMBER OR IS ACTING WITH APPROVAL OR AUTHORITY
 OF  THE  MILITARY  OR  RESERVES; AND (B) SO ACTS WITH INTENT TO OBTAIN A
 BENEFIT OR TO INJURE OR DEFRAUD ANOTHER OR INDUCE ANOTHER TO  SUBMIT  TO
 SUCH  PRETENDED  OFFICIAL  AUTHORITY,  TO  SOLICIT FUNDS OR TO OTHERWISE
 CAUSE ANOTHER TO ACT IN RELIANCE UPON THAT PRETENSE; OR
   7. (A) PRETENDS TO BE A FIRST RESPONDER, OR WEARS OR DISPLAYS  WITHOUT
 AUTHORITY  ANY  UNIFORM,  BADGE,  INSIGNIA OR FACSIMILE THEREOF BY WHICH
 SUCH FIRST RESPONDER IS LAWFULLY DISTINGUISHED, OR FALSELY HOLDS ONESELF
 OUT TO BE A RECIPIENT OF A DECORATION OR MEDAL  CREATED  BY  FEDERAL  OR
 STATE  LAWS  AND  REGULATIONS  TO  HONOR  FIRST  RESPONDERS,  OR FALSELY
 EXPRESSES BY SUCH PERSON'S WORDS OR ACTIONS THAT SUCH PERSON IS A  FIRST
 RESPONDER  OR  IS ACTING WITH APPROVAL OR AUTHORITY OF A FIRST RESPONDER
 AGENCY; AND (B) SO ACTS WITH INTENT TO OBTAIN A BENEFIT OR TO INJURE  OR
 DEFRAUD  ANOTHER  OR INDUCE ANOTHER TO SUBMIT TO SUCH PRETENDED OFFICIAL
 AUTHORITY, TO SOLICIT FUNDS OR TO OTHERWISE  CAUSE  ANOTHER  TO  ACT  IN
 RELIANCE UPON THAT PRETENSE.
   §  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;
 S. 9154--A                          3
 
   (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 SUBDIVISION SIX OR
 SEVEN OF SECTION 190.25 OF THIS CHAPTER SHALL, IN ADDITION TO A MANDATO-
 RY 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-
 S. 9154--A                          4
 
 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.