S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8485
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              August 20, 2025
                                ___________
 
 Introduced  by  Sen.  WEBER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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, and 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. (A) Pretends to be a police officer or a  federal  law  enforcement
 officer  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]  words  or  actions that [he or she] SUCH PERSON is 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]  (B)  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 felony; or
   [3.] 2. Pretending to be a duly licensed  physician  or  other  person
 authorized  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10791-01-5
 S. 8485                             2
              

 
 prescription which is required to be  reduced  to  writing  pursuant  to
 section thirty-three hundred thirty-two of the public health law; OR
   3.(A)  PRETENDS  TO  BE  A  FIREFIGHTER, OR WEARS OR DISPLAYS, WITHOUT
 AUTHORITY, ANY UNIFORM, BADGE, INSIGNIA OR FACSIMILE  THEREOF  BY  WHICH
 SUCH  PUBLIC  SERVANT IS LAWFULLY DISTINGUISHED, OR FALSELY EXPRESSES BY
 WORDS OR ACTIONS THAT SUCH PERSON IS A PUBLIC SERVANT OR IS ACTING  WITH
 APPROVAL OR AUTHORITY OF A PUBLIC AGENCY OR DEPARTMENT; AND
   (B)  WHILE  DOING SO OBSTRUCTS A FIREFIGHTER, POLICE OFFICER, OR PEACE
 OFFICER IN PERFORMING THEIR DUTIES IN CIRCUMSTANCES  INVOLVING  IMMINENT
 DANGER CREATED BY A FIRE, AN EXPLOSION, THREAT OF EXPLOSION OR THE PRES-
 ENCE OF TOXIC FUMES OR GASES.
   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.