Senate Bill S8594

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8594
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2025
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, the criminal procedure law,  the  general
   business  law, the labor law, the legislative law, the public officers
   law, the state finance law and the tax law, in  relation  to  enacting
   the  "restoring  integrity  and preventing outright fraud in financial
   systems" or "R.I.P.O.F.F. act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. This act shall be known and may be cited as the "restoring
 integrity  and  preventing  outright  fraud  in  financial  systems"  or
 "R.I.P.O.F.F. act".
   § 2. Section 190.60 of the penal law, as amended by chapter 491 of the
 laws  of 1992 and subdivision 1 as amended by chapter 357 of the laws of
 1996, is amended to read as follows:
 § 190.60 Scheme to defraud in the [second] FIFTH degree.
   1. A person is guilty of a scheme to defraud  in  the  [second]  FIFTH
 degree  when [he] SUCH PERSON engages in a scheme constituting a system-
 atic ongoing course of conduct with intent  to  defraud  more  than  one
 person or to obtain property from more than one person by false or frau-
 dulent  pretenses,  representations or promises, and so obtains property
 from one or more of such persons.
   2. In any prosecution under this section, it  shall  be  necessary  to
 prove  the  identity  of  at least one person from whom the defendant so
 obtained property, but it shall not be necessary to prove  the  identity
 of any other intended victim.
   Scheme  to defraud in the [second] FIFTH degree is a class A misdemea-
 nor.
   § 3. Section 190.65 of the penal law, as amended by chapter 332 of the
 laws of 2020, is amended to read as follows:
 § 190.65 Scheme to defraud in the [first] FOURTH degree.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13585-05-5
              

 S. 8594                             2
 
   1. A person is guilty of a scheme to defraud  in  the  [first]  FOURTH
 degree when [he or she] SUCH PERSON:  (a) engages in a scheme constitut-
 ing a systematic ongoing course of conduct with intent to defraud ten or
 more  persons or to obtain property from ten or more persons by false or
 fraudulent  pretenses, representations or promises, and so obtains prop-
 erty from one or more of such  persons;  or  (b)  engages  in  a  scheme
 constituting  a  systematic  ongoing  course  of  conduct with intent to
 defraud more than one person or to obtain property from  more  than  one
 person  by  false  or fraudulent pretenses, representations or promises,
 and so obtains property with a value in excess of one  thousand  dollars
 from one or more such persons; or (c) engages in a scheme constituting a
 systematic  ongoing  course  of conduct with intent to defraud more than
 one person, more than one of whom is  a  vulnerable  elderly  person  as
 defined  in  subdivision  three  of section 260.31 of this chapter or to
 obtain property from more than one person, more than one of  whom  is  a
 vulnerable  elderly  person  as  defined in subdivision three of section
 260.31 of this chapter, by false or  fraudulent  pretenses,  representa-
 tions  or  promises,  and  so  obtains  property  from  one or more such
 persons; or (d) engages in a systematic ongoing course of conduct,  with
 intent to defraud more than one person by false or fraudulent pretenses,
 representations  or  promises, by disposing of solid waste as defined in
 section 27-0701 of the environmental conservation law on  such  persons'
 property,  and so damages the property of one or more of such persons in
 an amount in excess of one thousand dollars.
   2. In any prosecution under this section, it  shall  be  necessary  to
 prove  the  identity  of  at least one person from whom the defendant so
 obtained property, but it shall not be necessary to prove  the  identity
 of  any  other  intended  victim, provided that in any prosecution under
 paragraph (c) of subdivision one of this section, it shall be  necessary
 to  prove the identity of at least one such vulnerable elderly person as
 defined in subdivision three of section 260.31 of this chapter.
   3. In any prosecution under paragraph (d) of subdivision one  of  this
 section,  it  shall  be  necessary to prove the identity of at least one
 person on whose property the defendant fraudulently  disposed  of  solid
 waste  pursuant  to such paragraph (d), but it shall not be necessary to
 prove the identity of any other victim or intended victim.
   Scheme to defraud in the [first] FOURTH degree is a class E felony.
   § 4. The penal law is amended by adding  three  new  sections  190.66,
 190.67, and 190.68 to read as follows:
 § 190.66 SCHEME TO DEFRAUD IN THE THIRD DEGREE.
   1.  A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE THIRD DEGREE WHEN
 SUCH PERSON:  (A) ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC  ONGOING
 COURSE  OF CONDUCT WITH INTENT TO DEFRAUD TWENTY-FIVE OR MORE PERSONS OR
 TO OBTAIN PROPERTY FROM TWENTY-FIVE OR MORE PERSONS BY FALSE OR  FRAUDU-
 LENT  PRETENSES,  REPRESENTATIONS  OR  PROMISES, AND SO OBTAINS PROPERTY
 FROM ONE OR MORE OF SUCH PERSONS; OR (B) ENGAGES IN A SCHEME  CONSTITUT-
 ING  A  SYSTEMATIC ONGOING COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE
 THAN ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY FALSE
 OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,  AND  SO  OBTAINS
 PROPERTY  WITH  A  VALUE IN EXCESS OF THREE THOUSAND DOLLARS FROM ONE OR
 MORE SUCH PERSONS; OR (C) ENGAGES IN A SCHEME CONSTITUTING A  SYSTEMATIC
 ONGOING  COURSE  OF CONDUCT WITH INTENT TO DEFRAUD MORE THAN ONE PERSON,
 MORE THAN ONE OF WHOM IS A  VULNERABLE  ELDERLY  PERSON  AS  DEFINED  IN
 SUBDIVISION THREE OF SECTION 260.31 OF THIS CHAPTER OR TO OBTAIN PROPER-
 TY  FROM  MORE  THAN  ONE  PERSON, MORE THAN ONE OF WHOM IS A VULNERABLE
 ELDERLY PERSON AS DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS
 S. 8594                             3
 
 CHAPTER, BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR  PROMISES,
 AND  SO  OBTAINS PROPERTY WITH A VALUE IN EXCESS OF ONE THOUSAND DOLLARS
 FROM ONE OR MORE SUCH PERSONS.
   2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
 PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
 OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
 OF ANY OTHER INTENDED VICTIM, PROVIDED THAT  IN  ANY  PROSECUTION  UNDER
 PARAGRAPH  (C) OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE NECESSARY
 TO PROVE THE IDENTITY OF AT LEAST ONE SUCH VULNERABLE ELDERLY PERSON  AS
 DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS CHAPTER.
   SCHEME TO DEFRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 190.67 SCHEME TO DEFRAUD IN THE SECOND DEGREE.
   1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE SECOND DEGREE WHEN
 SUCH  PERSON:  (A) ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
 COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE HUNDRED OR MORE PERSONS  OR
 TO  OBTAIN PROPERTY FROM ONE HUNDRED OR MORE PERSONS BY FALSE OR FRAUDU-
 LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
 FROM ONE OR MORE OF SUCH PERSONS; (B) ENGAGES IN A SCHEME CONSTITUTING A
 SYSTEMATIC  ONGOING  COURSE  OF CONDUCT WITH INTENT TO DEFRAUD MORE THAN
 ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY  FALSE  OR
 FRAUDULENT  PRETENSES, REPRESENTATIONS OR PROMISES, AND SO OBTAINS PROP-
 ERTY WITH A VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS FROM ONE  OR  MORE
 SUCH PERSONS; OR (C) ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGO-
 ING  COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE THAN ONE PERSON, MORE
 THAN ONE OF WHOM IS A VULNERABLE ELDERLY PERSON AS DEFINED  IN  SUBDIVI-
 SION  THREE OF SECTION 260.31 OF THIS CHAPTER OR TO OBTAIN PROPERTY FROM
 MORE THAN ONE PERSON, MORE THAN ONE OF  WHOM  IS  A  VULNERABLE  ELDERLY
 PERSON  AS  DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS CHAP-
 TER, BY FALSE OR FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND
 SO  OBTAINS  PROPERTY  WITH  A VALUE IN EXCESS OF THREE THOUSAND DOLLARS
 FROM ONE OR MORE SUCH PERSONS.
   2. IN ANY PROSECUTION UNDER THIS SECTION, IT  SHALL  BE  NECESSARY  TO
 PROVE  THE  IDENTITY  OF  AT LEAST ONE PERSON FROM WHOM THE DEFENDANT SO
 OBTAINED PROPERTY, BUT IT SHALL NOT BE NECESSARY TO PROVE  THE  IDENTITY
 OF  ANY  OTHER  INTENDED  VICTIM, PROVIDED THAT IN ANY PROSECUTION UNDER
 PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE  NECESSARY
 TO  PROVE THE IDENTITY OF AT LEAST ONE SUCH VULNERABLE ELDERLY PERSON AS
 DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS CHAPTER.
   SCHEME TO DEFRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 190.68 SCHEME TO DEFRAUD IN THE FIRST DEGREE.
   1. A PERSON IS GUILTY OF A SCHEME TO DEFRAUD IN THE FIRST DEGREE  WHEN
 SUCH  PERSON:  (A) ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC ONGOING
 COURSE OF CONDUCT WITH INTENT TO DEFRAUD ONE THOUSAND OR MORE PERSONS OR
 TO OBTAIN PROPERTY FROM ONE THOUSAND OR MORE PERSONS BY FALSE OR FRAUDU-
 LENT PRETENSES, REPRESENTATIONS OR PROMISES,  AND  SO  OBTAINS  PROPERTY
 FROM ONE OR MORE OF SUCH PERSONS; (B) ENGAGES IN A SCHEME CONSTITUTING A
 SYSTEMATIC  ONGOING  COURSE  OF CONDUCT WITH INTENT TO DEFRAUD MORE THAN
 ONE PERSON OR TO OBTAIN PROPERTY FROM MORE THAN ONE PERSON BY  FALSE  OR
 FRAUDULENT  PRETENSES, REPRESENTATIONS OR PROMISES, AND SO OBTAINS PROP-
 ERTY WITH A VALUE IN EXCESS OF ONE MILLION DOLLARS FROM ONE OR MORE SUCH
 PERSONS; OR (C) ENGAGES IN A SCHEME CONSTITUTING  A  SYSTEMATIC  ONGOING
 COURSE OF CONDUCT WITH INTENT TO DEFRAUD MORE THAN ONE PERSON, MORE THAN
 ONE  OF  WHOM  IS  A VULNERABLE ELDERLY PERSON AS DEFINED IN SUBDIVISION
 THREE OF SECTION 260.31 OF THIS CHAPTER OR TO OBTAIN PROPERTY FROM  MORE
 THAN ONE PERSON, MORE THAN ONE OF WHOM IS A VULNERABLE ELDERLY PERSON AS
 DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS CHAPTER, BY FALSE
 S. 8594                             4
 
 OR  FRAUDULENT  PRETENSES,  REPRESENTATIONS  OR PROMISES, AND SO OBTAINS
 PROPERTY WITH A VALUE IN EXCESS OF FIFTY THOUSAND DOLLARS  FROM  ONE  OR
 MORE SUCH PERSONS.
   2.  IN  ANY  PROSECUTION  UNDER THIS SECTION, IT SHALL BE NECESSARY TO
 PROVE THE IDENTITY OF AT LEAST ONE PERSON FROM  WHOM  THE  DEFENDANT  SO
 OBTAINED  PROPERTY,  BUT IT SHALL NOT BE NECESSARY TO PROVE THE IDENTITY
 OF ANY OTHER INTENDED VICTIM, PROVIDED THAT  IN  ANY  PROSECUTION  UNDER
 PARAGRAPH  (C) OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE NECESSARY
 TO PROVE THE IDENTITY OF AT LEAST ONE SUCH VULNERABLE ELDERLY PERSON  AS
 DEFINED IN SUBDIVISION THREE OF SECTION 260.31 OF THIS CHAPTER.
   SCHEME TO DEFRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 5. Section 200.00 of the penal law, as amended by chapter 833 of the
 laws of 1986, is amended to read as follows:
 § 200.00 Bribery in the third degree.
   A  person  is  guilty  of  bribery  in the third degree when [he] SUCH
 PERSON confers, or offers or agrees to confer, any benefit upon a public
 servant [upon an agreement or understanding that]  WITH  THE  INTENT  TO
 INFLUENCE  such  public servant's vote, opinion, judgment, action, deci-
 sion or exercise of discretion as a  public  servant  [will  thereby  be
 influenced].
   Bribery in the third degree is a class D felony.
   §  6.  Section  200.03  of  the penal law, as amended by section 18 of
 subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
 read as follows:
 § 200.03 Bribery in the second degree.
   A  person  is  guilty  of  bribery in the second degree when [he] SUCH
 PERSON confers, or offers or agrees to confer,  any  benefit  valued  in
 excess of five thousand dollars upon a public servant [upon an agreement
 or  understanding  that]  WITH THE INTENT TO INFLUENCE such public serv-
 ant's  vote,  opinion,  judgment,  action,  decision  or   exercise   of
 discretion as a public servant [will thereby be influenced].
   Bribery in the second degree is a class C felony.
   §  7.  Section  200.04  of  the penal law, as amended by section 19 of
 subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
 read as follows:
 § 200.04 Bribery in the first degree.
   A  person  is  guilty  of  bribery in the first degree when [the] SUCH
 person confers, or offers or agrees to confer:  (1) any benefit  upon  a
 public servant [upon an agreement or understanding that] WITH THE INTENT
 TO  INFLUENCE  such  public  servant's  vote, opinion, judgment, action,
 decision or exercise of discretion as a public servant [will thereby  be
 influenced]  in  the  investigation,  arrest,  detention, prosecution or
 incarceration of any person for the commission or alleged commission  of
 a  class  A felony defined in article two hundred twenty of this part or
 an attempt to commit any such class A felony; or (2) any benefit  valued
 in excess of one hundred thousand dollars upon a public servant [upon an
 agreement  or  understanding  that]  WITH  THE  INTENT TO INFLUENCE such
 public servant's vote, opinion, judgment, action, decision  or  exercise
 of discretion as a public servant [will thereby be influenced].
   Bribery in the first degree is a class B felony.
   §  8.  Section  200.10  of  the penal law, as amended by section 21 of
 subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
 read as follows:
 § 200.10 Bribe receiving in the third degree.
   A public servant is guilty of bribe receiving in the third degree when
 [he  or  she]  SUCH PUBLIC SERVANT solicits, accepts or agrees to accept
 S. 8594                             5
 
 any benefit from another person [upon an agreement or understanding that
 his or her]  WITH THE INTENT TO INFLUENCE SUCH  PUBLIC  SERVANT'S  vote,
 opinion,  judgment,  action,  decision  or  exercise  of discretion as a
 public servant will thereby be influenced.
   Bribe receiving in the third degree is a class D felony.
   §  9.  Section  200.11  of  the penal law, as amended by section 22 of
 subpart A of part H of chapter 55 of the laws of  2014,  is  amended  to
 read as follows:
 § 200.11 Bribe receiving in the second degree.
   A  public  servant  is  guilty of bribe receiving in the second degree
 when [he or she] SUCH PUBLIC SERVANT  solicits,  accepts  or  agrees  to
 accept any benefit valued in excess of five thousand dollars from anoth-
 er  person [upon an agreement or understanding that his or her] WITH THE
 INTENT TO INFLUENCE  SUCH  PUBLIC  SERVANT'S  vote,  opinion,  judgment,
 action,  decision  or  exercise  of  discretion as a public servant will
 thereby be influenced.
   Bribe receiving in the second degree is a class C felony.
   § 10. Section 200.12 of the penal law, as amended  by  section  23  of
 subpart  A  of  part  H of chapter 55 of the laws of 2014, is amended to
 read as follows:
 § 200.12 Bribe receiving in the first degree.
   A public servant is guilty of bribe receiving in the first degree when
 [he or she] SUCH PUBLIC SERVANT solicits, accepts or agrees  to  accept:
 (a)  any benefit from another person [upon an agreement or understanding
 that his or her] WITH THE INTENT  TO  INFLUENCE  SUCH  PUBLIC  SERVANT'S
 vote, opinion, judgment, action, decision or exercise of discretion as a
 public  servant will thereby be influenced in the investigation, arrest,
 detention, prosecution or incarceration of any person for the commission
 or alleged commission of a class A felony defined in article two hundred
 twenty of this part or an attempt to commit any such class A felony;  or
 (b)  any  benefit  valued in excess of one hundred thousand dollars from
 another person [upon an agreement or understanding that] WITH THE INTENT
 TO INFLUENCE such public  servant's  vote,  opinion,  judgment,  action,
 decision  or  exercise of discretion as a public servant will thereby be
 influenced.
   Bribe receiving in the first degree is a class B felony.
   § 11. Sections 180.03, 180.05 and 180.08 of the penal law, as  amended
 by chapter 577 of the laws of 1983, are amended to read as follows:
 § 180.03 Commercial bribing in the first degree.
   A person is guilty of commercial bribing in the first degree when [he]
 SUCH PERSON confers, or offers or agrees to confer, any benefit upon any
 employee, agent or fiduciary without the consent of the latter's employ-
 er or principal, with intent to influence [his] SUCH PERSON'S conduct in
 relation  to  [his] SUCH PERSON'S employer's or principal's affairs, and
 when the value of the benefit conferred  or  offered  or  agreed  to  be
 conferred  exceeds one thousand dollars [and causes economic harm to the
 employer or principal in an amount exceeding two hundred fifty dollars].
   Commercial bribing in the first degree is a class E felony.
 § 180.05 Commercial bribe receiving in the second degree.
   An employee, agent or fiduciary is guilty of commercial bribe  receiv-
 ing  in  the  second  degree  when,  without  the  consent of [his] SUCH
 PERSON'S employer or principal, [he] SUCH PERSON  solicits,  accepts  or
 agrees  to  accept  any benefit from another person upon an agreement or
 understanding AND WITH THE INTENT that such benefit will influence [his]
 SUCH PERSON'S conduct in relation to [his] THEIR employer's  or  princi-
 pal's affairs.
 S. 8594                             6
 
   Commercial bribe receiving in the second degree is a class A misdemea-
 nor.
 § 180.08 Commercial bribe receiving in the first degree.
   An  employee, agent or fiduciary is guilty of commercial bribe receiv-
 ing in the first degree when, without the consent of [his] SUCH PERSON'S
 employer or principal, [he] SUCH PERSON solicits, accepts or  agrees  to
 accept  any benefit from another person upon an agreement or understand-
 ing AND WITH THE INTENT that such  benefit  will  influence  [his]  SUCH
 PERSON'S  conduct  in  relation to [his] THEIR employer's or principal's
 affairs, and when the value of the benefit solicited, accepted or agreed
 to be accepted exceeds one thousand dollars [and causes economic harm to
 the employer or principal in  an  amount  exceeding  two  hundred  fifty
 dollars].
   Commercial bribe receiving in the first degree is a class E felony.
   §  12. Subdivision 10 of section 470.00 of the penal law is renumbered
 subdivision 11 and a new subdivision 10 is added to read as follows:
   10. "STRUCTURING" MEANS, FOR  THE  PURPOSES  OF  SECTIONS  470.30  AND
 470.31  OF  THIS  ARTICLE, WHEN A PERSON CONDUCTS OR ATTEMPTS TO CONDUCT
 ONE OR MORE RELATED TRANSACTIONS IN CURRENCY, IN ANY AMOUNT, WITH ONE OR
 MORE FINANCIAL INSTITUTIONS, ON ONE OR MORE  DAYS  WITH  THE  INTENT  TO
 EVADE ANY REPORTING REQUIREMENT UNDER THE BANKING LAW, 31 U.S.C. §§ 5311
 THROUGH  5326,  OR  ANY  REGULATION  PRESCRIBED  THEREUNDER. STRUCTURING
 INCLUDES, BUT IS NOT LIMITED TO, THE BREAKING DOWN OF A  SINGLE  SUM  OF
 CURRENCY  EXCEEDING  TEN  THOUSAND  DOLLARS INTO SMALLER SUMS, INCLUDING
 SUMS AT OR BELOW TEN THOUSAND DOLLARS, OR THE  CONDUCTING  OF  A  TRANS-
 ACTION, OR SERIES OF CURRENCY TRANSACTIONS, INCLUDING TRANSACTIONS AT OR
 BELOW TEN THOUSAND DOLLARS.
   §  13.  The penal law is amended by adding two new sections 470.30 and
 470.31 to read as follows:
 § 470.30 STRUCTURING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF STRUCTURING IN THE SECOND DEGREE WHEN, WITH  THE
 INTENT  TO  EVADE  ANY  REPORTING  REQUIREMENT UNDER THE BANKING LAW, 31
 U.S.C. §§ 5311 THROUGH 5326, OR ANY  REGULATION  PRESCRIBED  THEREUNDER,
 SUCH PERSON STRUCTURES ONE OR MORE TRANSACTIONS.
   STRUCTURING IN THE SECOND DEGREE IS A CLASS E FELONY.
 § 470.31 STRUCTURING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF STRUCTURING IN THE FIRST DEGREE WHEN SUCH PERSON
 COMMITS THE CRIME OF STRUCTURING IN THE SECOND DEGREE AND:
   1.  THE CONDUCT IS COMMITTED WITH AN INTENT TO COMMIT ANOTHER CRIME OR
 TO AID OR CONCEAL THE COMMISSION OF ANOTHER CRIME; OR
   2. THE AGGREGATE VALUE OF THE CURRENCY REPORTED OR THE  CURRENCY  THAT
 SHOULD  HAVE  BEEN  REPORTED EXCEEDS ONE HUNDRED THOUSAND DOLLARS IN ANY
 TWELVE-MONTH PERIOD.
   STRUCTURING IN THE FIRST DEGREE IS A CLASS D FELONY.
   § 14. Section 195.20 of the penal law, as amended by chapter 1 of  the
 laws of 2010, is amended to read as follows:
 § 195.20 Defrauding the government IN THE FOURTH DEGREE.
   A  person  is guilty of defrauding the government IN THE FOURTH DEGREE
 when[, being a public servant or party officer, he or she] SUCH PERSON:
   (a) engages in a scheme constituting a systematic  ongoing  course  of
 conduct with intent to:
   (i)  defraud  the  state  or a political subdivision of the state or a
 governmental instrumentality within the state  or  to  obtain  property,
 services or other resources from the state or a political subdivision of
 the state or a governmental instrumentality within the state by false or
 fraudulent pretenses, representations or promises; [or]
 S. 8594                             7
 
   (ii)  defraud  the  state or a political subdivision of the state or a
 governmental instrumentality within the state by making use of property,
 services or resources of the state, political subdivision of  the  state
 or  a governmental instrumentality within the state for private business
 purposes or other compensated non-governmental purposes; [and] OR
   (III)  DEFRAUD  THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
 PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OR  MUNICIPAL  CORPORATION
 OF  THE  STATE,  OR ANY INSTRUMENTALITY THEREOF, OF ONE OR MORE FORMS OF
 REVENUE, AND SO EVADES PAYMENT OF ANY TAX, INSURANCE  PREMIUM,  CONTRIB-
 UTION,  OR FEE, OR ANY PORTION THEREOF, OWED TO THE STATE OR A POLITICAL
 SUBDIVISION, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION  OR  MUNICIPAL
 CORPORATION OF THE STATE OR ANY INSTRUMENTALITY THEREOF; AND
   (b) (I) WITH RESPECT TO AN OFFENSE CHARGED UNDER PARAGRAPH (I) OR (II)
 OF  SUBDIVISION  (A)  OF  THIS SECTION, so obtains property, services or
 other resources with a value in excess of  [one]  TEN  thousand  dollars
 from  such state, political subdivision or governmental instrumentality;
 OR
   (II) WITH RESPECT TO AN  OFFENSE  CHARGED  UNDER  PARAGRAPH  (III)  OF
 SUBDIVISION  (A)  OF  THIS  SECTION,  THE AGGREGATE UNPAID TAX, PREMIUM,
 CONTRIBUTION, OR FEE OWED EXCEEDS TEN THOUSAND DOLLARS.
   Defrauding the government IN THE FOURTH DEGREE is a class E felony.
   § 15. The penal law is amended by adding three  new  sections  195.22,
 195.25 and 195.27 to read as follows:
 § 195.22 DEFRAUDING THE GOVERNMENT IN THE THIRD DEGREE.
   A  PERSON  IS  GUILTY OF DEFRAUDING THE GOVERNMENT IN THE THIRD DEGREE
 WHEN SUCH PERSON:
   (A) ENGAGES IN A SCHEME CONSTITUTING A SYSTEMATIC  ONGOING  COURSE  OF
 CONDUCT WITH INTENT TO:
   (I)  DEFRAUD  THE  STATE  OR A POLITICAL SUBDIVISION OF THE STATE OR A
 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE  OR  TO  OBTAIN  PROPERTY,
 SERVICES OR OTHER RESOURCES FROM THE STATE OR A POLITICAL SUBDIVISION OF
 THE STATE OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY FALSE OR
 FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES;
   (II)  DEFRAUD  THE  STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
 SERVICES OR RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF  THE  STATE
 OR  A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE BUSINESS
 PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES; OR
   (III) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE STATE  OR  A
 PUBLIC  AUTHORITY,  PUBLIC BENEFIT CORPORATION, OR MUNICIPAL CORPORATION
 OF THE STATE, OR ANY INSTRUMENTALITY THEREOF, OF ONE OR  MORE  FORMS  OF
 REVENUE,  AND  SO EVADES PAYMENT OF ANY TAX, INSURANCE PREMIUM, CONTRIB-
 UTION, OR FEE, OR ANY PORTION THEREOF, OWED TO THE STATE OR A  POLITICAL
 SUBDIVISION,  PUBLIC  AUTHORITY, PUBLIC BENEFIT CORPORATION OR MUNICIPAL
 CORPORATION OF THE STATE OR ANY INSTRUMENTALITY THEREOF; AND
   (B) (I) WITH RESPECT TO AN OFFENSE CHARGED UNDER PARAGRAPH (I) OR (II)
 OF SUBDIVISION (A) OF THIS SECTION, SO  OBTAINS  PROPERTY,  SERVICES  OR
 OTHER  RESOURCES WITH A VALUE IN EXCESS OF SEVENTY-FIVE THOUSAND DOLLARS
 FROM SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL  INSTRUMENTALITY;
 OR
   (II)  WITH  RESPECT  TO  AN  OFFENSE  CHARGED UNDER PARAGRAPH (III) OF
 SUBDIVISION (A) OF THIS SECTION,  THE  AGGREGATE  UNPAID  TAX,  PREMIUM,
 CONTRIBUTION, OR FEE OWED EXCEEDS SEVENTY-FIVE THOUSAND DOLLARS.
   DEFRAUDING THE GOVERNMENT IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 195.25 DEFRAUDING THE GOVERNMENT IN THE SECOND DEGREE.
 S. 8594                             8
 
   A  PERSON  IS GUILTY OF DEFRAUDING THE GOVERNMENT IN THE SECOND DEGREE
 WHEN SUCH PERSON:
   (A)  ENGAGES  IN  A SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF
 CONDUCT WITH INTENT TO:
   (I) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF  THE  STATE  OR  A
 GOVERNMENTAL  INSTRUMENTALITY  WITHIN  THE  STATE OR TO OBTAIN PROPERTY,
 SERVICES OR OTHER RESOURCES FROM THE STATE OR A POLITICAL SUBDIVISION OF
 THE STATE OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY FALSE OR
 FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES;
   (II) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE  OR  A
 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
 SERVICES  OR  RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE
 OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE  BUSINESS
 PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES; OR
   (III)  DEFRAUD  THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
 PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OR  MUNICIPAL  CORPORATION
 OF  THE  STATE,  OR ANY INSTRUMENTALITY THEREOF, OF ONE OR MORE FORMS OF
 REVENUE, AND SO EVADES PAYMENT OF ANY TAX, INSURANCE  PREMIUM,  CONTRIB-
 UTION,  OR FEE, OR ANY PORTION THEREOF, OWED TO THE STATE OR A POLITICAL
 SUBDIVISION, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION  OR  MUNICIPAL
 CORPORATION OF THE STATE OR ANY INSTRUMENTALITY THEREOF; AND
   (B) (I) WITH RESPECT TO AN OFFENSE CHARGED UNDER PARAGRAPH (I) OR (II)
 OF  SUBDIVISION  (A)  OF  THIS SECTION, SO OBTAINS PROPERTY, SERVICES OR
 OTHER RESOURCES WITH A VALUE IN EXCESS OF ONE HUNDRED  THOUSAND  DOLLARS
 FROM  SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL INSTRUMENTALITY;
 OR
   (II) WITH RESPECT TO AN  OFFENSE  CHARGED  UNDER  PARAGRAPH  (III)  OF
 SUBDIVISION  (A)  OF  THIS  SECTION,  THE AGGREGATE UNPAID TAX, PREMIUM,
 CONTRIBUTION, OR FEE OWED EXCEEDS ONE HUNDRED THOUSAND DOLLARS.
   DEFRAUDING THE GOVERNMENT IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 195.27 DEFRAUDING THE GOVERNMENT IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DEFRAUDING THE GOVERNMENT IN  THE  FIRST  DEGREE
 WHEN SUCH PERSON:
   (A)  ENGAGES  IN  A SCHEME CONSTITUTING A SYSTEMATIC ONGOING COURSE OF
 CONDUCT WITH INTENT TO:
   (I) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF  THE  STATE  OR  A
 GOVERNMENTAL  INSTRUMENTALITY  WITHIN  THE  STATE OR TO OBTAIN PROPERTY,
 SERVICES OR OTHER RESOURCES FROM THE STATE OR A POLITICAL SUBDIVISION OF
 THE STATE OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY FALSE OR
 FRAUDULENT PRETENSES, REPRESENTATIONS OR PROMISES;
   (II) DEFRAUD THE STATE OR A POLITICAL SUBDIVISION OF THE  STATE  OR  A
 GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE BY MAKING USE OF PROPERTY,
 SERVICES  OR  RESOURCES OF THE STATE, POLITICAL SUBDIVISION OF THE STATE
 OR A GOVERNMENTAL INSTRUMENTALITY WITHIN THE STATE FOR PRIVATE  BUSINESS
 PURPOSES OR OTHER COMPENSATED NON-GOVERNMENTAL PURPOSES; OR
   (III)  DEFRAUD  THE STATE OR A POLITICAL SUBDIVISION OF THE STATE OR A
 PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, OR  MUNICIPAL  CORPORATION
 OF  THE  STATE,  OR ANY INSTRUMENTALITY THEREOF, OF ONE OR MORE FORMS OF
 REVENUE, AND SO EVADES PAYMENT OF ANY TAX, INSURANCE  PREMIUM,  CONTRIB-
 UTION,  OR FEE, OR ANY PORTION THEREOF, OWED TO THE STATE OR A POLITICAL
 SUBDIVISION, PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION  OR  MUNICIPAL
 CORPORATION OF THE STATE OR ANY INSTRUMENTALITY THEREOF; AND
   (B) (I) WITH RESPECT TO AN OFFENSE CHARGED UNDER PARAGRAPH (I) OR (II)
 OF  SUBDIVISION  (A)  OF  THIS SECTION, SO OBTAINS PROPERTY, SERVICES OR
 OTHER RESOURCES WITH A VALUE IN EXCESS OF  TWO  HUNDRED  FIFTY  THOUSAND
 S. 8594                             9
 
 DOLLARS  FROM  SUCH STATE, POLITICAL SUBDIVISION OR GOVERNMENTAL INSTRU-
 MENTALITY; OR
   (II)  WITH  RESPECT  TO  AN  OFFENSE  CHARGED UNDER PARAGRAPH (III) OF
 SUBDIVISION (A) OF THIS SECTION,  THE  AGGREGATE  UNPAID  TAX,  PREMIUM,
 CONTRIBUTION, OR FEE OWED EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS.
   DEFRAUDING THE GOVERNMENT IN THE FIRST DEGREE IS A CLASS B FELONY.
   §  16. Subdivision 2 of section 20.40 of the criminal procedure law is
 amended by adding a new paragraph (f) to read as follows:
   (F) THE EVENT CAUSED A  FINANCIAL  LOSS  OF  MORE  THAN  ONE  THOUSAND
 DOLLARS  TO THE STATE OR A POLITICAL SUBDIVISION THEREOF, INCLUDING, BUT
 NOT LIMITED TO, ANY AGENCY OR INSTRUMENTALITY OF THE STATE OR ANY  POLI-
 TICAL SUBDIVISION THEREOF.
   §  17. Subdivision 1 of section 155.00 of the penal law, as amended by
 chapter 353 of the laws of 2023, is amended and a new subdivision 17  is
 added to read as follows:
   1.  "Property"  means  any  money, compensation for labor or services,
 personal property, real property, computer data, computer program, thing
 in action, evidence of debt or contract, VIRTUAL CURRENCY AS DEFINED  IN
 PARAGRAPH  (P)  OF  SECTION  200.2 OF TITLE TWENTY-THREE OF THE NEW YORK
 CODES, RULES AND REGULATIONS, or any  article,  substance  or  thing  of
 value, including any gas, steam, water or electricity, which is provided
 for a charge or compensation.
   17.  "VIRTUAL CURRENCY" MEANS ANY TYPE OF DIGITAL UNIT THAT IS USED AS
 A MEDIUM OF EXCHANGE OR  A  FORM  OF  DIGITALLY  STORED  VALUE.  VIRTUAL
 CURRENCY SHALL BE BROADLY CONSTRUED TO INCLUDE DIGITAL UNITS OF EXCHANGE
 THAT: (A) HAVE A CENTRALIZED REPOSITORY OR ADMINISTRATOR; (B) ARE DECEN-
 TRALIZED AND HAVE NO CENTRALIZED REPOSITORY OR ADMINISTRATOR; OR (C) MAY
 BE  CREATED  OR  OBTAINED  BY COMPUTING OR MANUFACTURING EFFORT. VIRTUAL
 CURRENCY SHALL NOT BE CONSTRUED TO INCLUDE: (A) DIGITAL UNITS THAT:  (I)
 ARE  USED  SOLELY WITHIN ONLINE GAMING PLATFORMS; (II) HAVE NO MARKET OR
 APPLICATION OUTSIDE OF THOSE GAMING PLATFORMS; (III) CANNOT BE CONVERTED
 INTO, OR REDEEMED FOR, FIAT CURRENCY OR VIRTUAL CURRENCY; AND  (IV)  MAY
 OR  MAY  NOT BE REDEEMABLE FOR REAL-WORLD GOODS, SERVICES, DISCOUNTS, OR
 PURCHASES; (B) DIGITAL UNITS THAT CAN BE REDEEMED FOR  GOODS,  SERVICES,
 DISCOUNTS,  OR  PURCHASES  AS  PART  OF  A  CUSTOMER AFFINITY OR REWARDS
 PROGRAM WITH THE ISSUER AND/OR OTHER  DESIGNATED  MERCHANTS  OR  CAN  BE
 REDEEMED  FOR  DIGITAL  UNITS  IN  ANOTHER  CUSTOMER AFFINITY OR REWARDS
 PROGRAM, BUT CANNOT BE CONVERTED INTO, OR REDEEMED FOR, FIAT CURRENCY OR
 VIRTUAL CURRENCY; OR (C) DIGITAL UNITS USED AS PART OF PREPAID CARDS.
   § 18. Subdivision 1 of section 470.00 of the penal law, as amended  by
 chapter 489 of the laws of 2000, is amended to read as follows:
   1.  "Monetary instrument" means coin and currency of the United States
 or of any other country; VIRTUAL CURRENCY AS DEFINED IN  SECTION  155.00
 OF  THIS CHAPTER; personal checks; bank checks; traveler's checks; money
 orders; and investment securities and negotiable instruments, in  bearer
 form  or  otherwise, in such form that title thereto passes on delivery,
 except that "monetary instrument" shall not include payments  to  attor-
 neys for legal services.
   §  19. Subdivision 3 of section 470.00 of the penal law, as amended by
 chapter 489 of the laws of 2000, is amended to read as follows:
   3. (A) "Transaction" includes a payment, purchase, sale, loan, pledge,
 gift, transfer, or delivery, and with respect to a financial institution
 includes a deposit, withdrawal, transfer between accounts,  exchange  of
 currency,  loan,  extension  of  credit,  purchase or sale of any stock,
 bond, certificate of deposit, or other monetary  instrument,  use  of  a
 safe  deposit  box,  or  any  other  payment,  transfer, or delivery by,
 S. 8594                            10
 
 through, or to a financial  institution,  by  whatever  means  effected,
 except  that  "transaction"  shall not include payments to attorneys for
 legal services.
   (B) WITH RESPECT TO VIRTUAL CURRENCY, "TRANSACTION" INCLUDES:
   (I) RECEIVING VIRTUAL CURRENCY OR TRANSMITTING VIRTUAL CURRENCY;
   (II)  THE  CONVERSION OR EXCHANGE OF FIAT CURRENCY OR OTHER VALUE INTO
 VIRTUAL CURRENCY;
   (III) THE CONVERSION OR EXCHANGE OF VIRTUAL CURRENCY INTO FIAT CURREN-
 CY OR OTHER VALUE;
   (IV) THE CONVERSION OR EXCHANGE OF ONE FORM OF VIRTUAL  CURRENCY  INTO
 ANOTHER FORM OF VIRTUAL CURRENCY;
   (V)  STORING,  HOLDING,  OR  MAINTAINING CUSTODY OR CONTROL OF VIRTUAL
 CURRENCY; AND
   (VI) CONTROLLING, ADMINISTERING, OR ISSUING A VIRTUAL CURRENCY.
   THE DEVELOPMENT AND DISSEMINATION OF SOFTWARE IN AND  OF  ITSELF  DOES
 NOT CONSTITUTE A VIRTUAL CURRENCY TRANSACTION.
   §  20.  Section  450.10  of  the  penal law is amended by adding a new
 subdivision 12 to read as follows:
   12. WHEN FRAUDULENT PROCEEDS, AS DEFINED  IN  PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  ARE IN THE CUSTODY OR CONTROL OF THE COURT, A POLICE OFFI-
 CER, A PEACE OFFICER, OR A DISTRICT ATTORNEY, OR HAVE BEEN SEIZED PURSU-
 ANT TO A SEARCH WARRANT AND ARE HELD BY A THIRD  PARTY,  NO  LATER  THAN
 NINETY DAYS AFTER THE SEIZURE OR RECOVERY OF SUCH FRAUDULENT PROCEEDS, A
 POLICE  OFFICER,  A PEACE OFFICER, OR A DISTRICT ATTORNEY SHALL IDENTIFY
 TO THE COURT THE OWNER OR OWNERS OF SUCH FRAUDULENT PROCEEDS AS  DEFINED
 IN  SUBDIVISION  FIVE  OF  SECTION 155.00 OF THIS CHAPTER, AND ANY OTHER
 PERSON WHO MAY HAVE AN INTEREST THEREIN, AND GIVE NOTICE OF SAID SEIZURE
 TO SUCH PERSONS BY CERTIFIED OR REGISTERED  MAIL,  OR  BY  OTHER  MEANS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  ELECTRONIC  MEANS, IF SUFFICIENT AND
 APPROPRIATE UNDER THE CIRCUMSTANCES.
   (A) FOR THE PURPOSES OF THIS SUBDIVISION,  FRAUDULENT  PROCEEDS  MEANS
 ANY  VIRTUAL  CURRENCY,  AS DEFINED IN PARAGRAPH (P) OF SECTION 200.2 OF
 TITLE 23 OF THE NEW YORK CODES,  RULES  AND  REGULATIONS,  THAT  IS  (I)
 OBTAINED  THROUGH  THE COMMISSION OF A LARCENY OR A FRAUDULENT SCHEME OR
 TRANSACTION, (II) TRACEABLE TO PROPERTY OBTAINED THROUGH THE  COMMISSION
 OF  A  LARCENY  OR A FRAUDULENT SCHEME OR TRANSACTION, OR (III) OBTAINED
 THROUGH THE SALE OR EXCHANGE OF PROPERTY OBTAINED THROUGH THE COMMISSION
 OF A LARCENY OR A FRAUDULENT SCHEME OR TRANSACTION;  AND  INCLUDING  ANY
 APPRECIATION IN VALUE OF SUCH PROPERTY.
   (B)  UPON IDENTIFYING TO THE COURT THE OWNER OR OWNERS OF SUCH FRAUDU-
 LENT PROCEEDS AND ANY OTHER PERSON WHO MAY HAVE AN INTEREST  THEREIN,  A
 POLICE OFFICER, A PEACE OFFICER, OR A DISTRICT ATTORNEY MAY PETITION THE
 COURT TO ORDER THAT SUCH FRAUDULENT PROCEEDS BE RETURNED TO ITS OWNER OR
 OWNERS.
   (C)  ANY  PERSON  ASSERTING A CLAIM TO SUCH FRAUDULENT PROCEEDS, OTHER
 THAN THE OWNER OR OWNERS IDENTIFIED IN THE  PETITION  REFERENCED  ABOVE,
 MUST  FILE  A  WRITTEN REQUEST FOR A HEARING WITHIN SIXTY DAYS FROM WHEN
 NOTICE WAS PROVIDED.   UPON SUCH A  WRITTEN  REQUEST,  THE  COURT  SHALL
 PROMPTLY, BUT NOT LESS THAN TWO WEEKS AFTER SUCH A REQUEST IS MADE, HOLD
 A HEARING.
   § 21. Paragraph (a) of subdivision 8 of section 190.30 of the criminal
 procedure  law,  as added by chapter 279 of the laws of 2008, is amended
 to read as follows:
   (a) A business record AS DEFINED IN RULE FORTY-FIVE  HUNDRED  EIGHTEEN
 OF  THE  CIVIL PRACTICE LAW AND RULES GENERATED BY A BUSINESS ENTITY may
 S. 8594                            11
 
 be received in such grand jury proceedings as evidence [of the following
 facts and similar facts stated therein:
   (i)  a  person's  use of, subscription to and charges and payments for
 communication equipment and services including but not limited to equip-
 ment or services provided by telephone companies  and  internet  service
 providers,  but  not including recorded conversations or images communi-
 cated thereby; and
   (ii) financial transactions, and a person's  ownership  or  possessory
 interest  in  any  account,  at  a  bank,  insurance company, brokerage,
 exchange or banking organization as defined in section two of the  bank-
 ing law].
   § 22. Paragraph (c) of subdivision 8 of section 190.30 of the criminal
 procedure  law,  as added by chapter 279 of the laws of 2008, is amended
 to read as follows:
   (c) Any business record offered to a grand jury pursuant to  paragraph
 (a) of this subdivision that includes material [beyond that described in
 such paragraph (a)] OUTSIDE THE SCOPE OF THE BUSINESS RECORD AS REGULAR-
 LY  GENERATED  shall be redacted to exclude such additional material, or
 received subject to a limiting instruction that the grand jury shall not
 consider such additional material in support of any criminal charge.
   § 23. Section 190.30 of the  criminal  procedure  law  is  amended  by
 adding a new subdivision 9 to read as follows:
   9. A RECORD GENERATED BY AN ELECTRONIC PROCESS, COMPUTER, CRYPTOGRAPH-
 ICALLY  SECURED  TECHNOLOGY, OR SYSTEM, THAT PROCURES AN ACCURATE RESULT
 MAY BE RECEIVED IN SUCH GRAND JURY PROCEEDINGS  AS  EVIDENCE  IF  IT  IS
 ACCOMPANIED  BY  A WRITTEN DECLARATION OF A QUALIFIED PERSON, MADE UNDER
 OATH, STATING THE QUALIFICATION OF THE PERSON TO MAKE THE CERTIFICATION,
 THE DATE AND TIME THE RECORD WAS GENERATED,  AND  THAT  THE  RECORD  WAS
 MAINTAINED AS A REGULAR CONDUCTED PROCESS.
   § 24. Section 80.10 of the penal law is amended by adding a new subdi-
 vision 4 to read as follows:
   4. CORPORATE EQUITY FINES.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF
 THIS SECTION, IN ANY CRIMINAL PROCEEDING WHERE A CORPORATION DOING BUSI-
 NESS  IN  NEW  YORK  STATE  WITH  ANNUAL  REVENUES EXCEEDING ONE HUNDRED
 MILLION DOLLARS IS CONVICTED OF A FELONY OFFENSE UNDER THE LAWS OF  THIS
 STATE, THE COURT, IN ADDITION TO OR IN LIEU OF ANY OTHER PENALTY AUTHOR-
 IZED  BY LAW, MAY IMPOSE AN EQUITY FINE. AN EQUITY FINE SHALL CONSIST OF
 A JUDICIALLY DETERMINED PERCENTAGE OF THE  CORPORATION'S  EQUITY,  WHICH
 SHALL  BE  ISSUED AS NEW, NON-VOTING SHARES TO A STATE-MANAGED FUND OR A
 DESIGNATED VICTIM COMPENSATION FUND.
   (B)  THE COURT MAY DETERMINE THE PERCENTAGE OF THE EQUITY  FINE  BASED
 UPON  THE  SEVERITY  OF  THE OFFENSE, THE EXTENT OF THE HARM CAUSED, THE
 CORPORATION'S HISTORY OF SIMILAR MISCONDUCT, THE DEGREE OF COMPLICITY BY
 SENIOR MANAGEMENT, AND THE NEED FOR BOTH  SPECIFIC  AND  GENERAL  DETER-
 RENCE. THE PERCENTAGE SHALL BE SUFFICIENT TO IMPOSE A MEANINGFUL ECONOM-
 IC  SANCTION  ON  THE  CORPORATION  AND  ITS SHAREHOLDERS. THE COURT MAY
 CONSIDER, BUT SHALL NOT BE LIMITED TO, THE FOLLOWING FACTORS  IN  DETER-
 MINING SUCH PERCENTAGE:
   (I) THE TOTAL PECUNIARY GAIN TO THE CORPORATION FROM THE OFFENSE;
   (II) THE TOTAL PECUNIARY LOSS CAUSED BY THE OFFENSE TO VICTIMS;
   (III)  THE  MARKET  CAPITALIZATION  OF  THE CORPORATION AT THE TIME OF
 SENTENCING;
   (IV)  THE  EFFECTIVENESS  OF  THE  CORPORATION'S  INTERNAL  COMPLIANCE
 PROGRAMS AT THE TIME OF THE OFFENSE; AND
   (V)  ANY  REMEDIAL ACTIONS TAKEN BY THE CORPORATION, INCLUDING COOPER-
 ATION WITH THE PROSECUTION AND RESTITUTION TO VICTIMS.
 S. 8594                            12
 
   (C) THE CONVICTED CORPORATION SHALL BE REQUIRED TO ISSUE NEW, NON-VOT-
 ING SHARES EQUAL TO THE DETERMINED PERCENTAGE OF ITS TOTAL EQUITY. THESE
 SHARES  SHALL BE REGISTERED AND TRANSFERRED TO A FUND ESTABLISHED BY THE
 NEW  YORK  STATE  COMPTROLLER  OR A SPECIFIC VICTIM COMPENSATION FUND AS
 DESIGNATED  BY THE COURT. THE SHARES SHALL BE HELD  BY  THE  STATE UNTIL
 SUCH  TIME AS THEIR SALE WOULD MAXIMIZE PUBLIC BENEFIT OR VICTIM COMPEN-
 SATION, AS DETERMINED BY THE ADMINISTERING ENTITY, BUT IN NO EVENT SHALL
 THE STATE OR ITS DESIGNATED FUND EXERCISE ANY VOTING  RIGHTS  ASSOCIATED
 WITH SUCH SHARES.
   (D) THE SHARES ISSUED AS AN EQUITY FINE SHALL BE EXPLICITLY DESIGNATED
 AS  NON-VOTING  SHARES.
   (E)  THIS SUBDIVISION SHALL NOT  APPLY  TO  CLOSELY  HELD CORPORATIONS
 WHERE THE IMPOSITION OF AN EQUITY FINE WOULD DISPROPORTIONATELY PENALIZE
 A  SMALL NUMBER OF INDIVIDUAL OWNERS WHO MAY ALSO BE DIRECTLY SUBJECT TO
 CRIMINAL PROSECUTION. THE  COURT  SHALL  HAVE  DISCRETION  TO  DETERMINE
 WHETHER   A  CORPORATION  IS  CLOSELY  HELD  FOR  THE  PURPOSES  OF THIS
 EXEMPTION.
   § 25. The penal law is amended by adding a new section 155.50 to  read
 as follows:
 § 155.50 SENTENCING.
   WHEN  A PERSON IS CONVICTED OF AN OFFENSE PURSUANT TO THIS ARTICLE, OR
 IS CONVICTED OF AN ATTEMPT OR CONSPIRACY TO COMMIT AN OFFENSE UNDER THIS
 ARTICLE, AND THE VICTIM IS  AGED  SIXTY-FIVE  YEARS  OR  OLDER  AND  THE
 DEFENDANT  IS  MORE  THAN  TEN YEARS YOUNGER THAN THE VICTIM,  THE CRIME
 SHALL BE DEEMED TO BE ONE CATEGORY HIGHER THAN THE SPECIFIED OFFENSE THE
 DEFENDANT COMMITTED, OR ONE  CATEGORY  HIGHER  THAN  THE  OFFENSE  LEVEL
 APPLICABLE TO THE DEFENDANT'S CONVICTION FOR AN ATTEMPT OR CONSPIRACY TO
 COMMIT A SPECIFIED OFFENSE, WHICHEVER IS APPLICABLE.
   §  26.  Subdivision  2 of section 496.06 of the penal law, as added by
 section 14 of subpart A of part H of chapter 55 of the laws of 2014,  is
 amended to read as follows:
   2. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  155.25 (petit larceny); section
 155.30 (grand larceny in  the  fourth  degree);  section  155.35  (grand
 larceny  in  the  third  degree);  section  155.40 (grand larceny in the
 second degree); section 155.42 (grand  larceny  in  the  first  degree);
 section  190.60  (scheme  to defraud in the [second] FIFTH degree); [or]
 section 190.65 (scheme to defraud in the [first] FOURTH degree); SECTION
 190.66 (SCHEME TO DEFRAUD IN THE THIRD DEGREE); SECTION  190.67  (SCHEME
 TO  DEFRAUD  IN THE SECOND DEGREE); OR SECTION 190.68 (SCHEME TO DEFRAUD
 IN THE FIRST DEGREE).
   § 27. Paragraph (a) of subdivision 1 of section 460.10  of  the  penal
 law,  as  amended by chapter 134 of the laws of 2019, is amended to read
 as follows:
   (a) Any of the felonies set forth in this  chapter:  sections  120.05,
 120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
 ing  to  strangulation;  sections 125.10 to 125.27 relating to homicide;
 sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
 135.25 relating to kidnapping; sections 135.35 and  135.37  relating  to
 labor trafficking; section 135.65 relating to coercion; sections 140.20,
 140.25  and  140.30  relating  to  burglary; sections 145.05, 145.10 and
 145.12 relating to criminal mischief; article one hundred fifty relating
 to arson; sections 155.30, 155.35, 155.40 and 155.42 relating  to  grand
 larceny;  sections  177.10, 177.15, 177.20 and 177.25 relating to health
 care fraud; article one hundred  sixty  relating  to  robbery;  sections
 165.45,  165.50,  165.52  and  165.54 relating to criminal possession of
 S. 8594                            13
 
 stolen property; sections 165.72 and 165.73 relating to trademark  coun-
 terfeiting;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
 170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40  and
 210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
 176.30  relating to insurance fraud; sections 178.20 and 178.25 relating
 to criminal diversion of  prescription  medications  and  prescriptions;
 sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
 200.04,  200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 200.56,
 215.00, 215.05 and 215.19 relating to bribery; sections 187.10,  187.15,
 187.20  and  187.25  relating  to  residential  mortgage fraud, sections
 190.40 and 190.42 relating to criminal usury; [section] SECTIONS 190.60,
 190.65, 190.66, 190.67 AND 190.68 relating to schemes  to  defraud;  any
 felony  defined  in article four hundred ninety-six; sections 205.60 and
 205.65 relating to hindering prosecution; sections 210.10,  210.15,  and
 215.51  relating  to  perjury  and  contempt; section 215.40 relating to
 tampering with  physical  evidence;  sections  220.06,  220.09,  220.16,
 220.18,  220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55,
 220.60, 220.65 and 220.77 relating to  controlled  substances;  sections
 225.10  and  225.20  relating  to gambling; sections 230.25, 230.30, and
 230.32 relating to promoting prostitution; section  230.34  relating  to
 sex  trafficking;  section  230.34-a  relating  to  sex trafficking of a
 child; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
 sections 263.10 and 263.15 relating to promoting a sexual performance by
 a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
 provisions of section 265.10  which  constitute  a  felony  relating  to
 firearms  and other dangerous weapons; sections 265.14 and 265.16 relat-
 ing to criminal sale of a firearm; section 265.50 relating to the crimi-
 nal manufacture, sale or transport of an undetectable firearm, rifle  or
 shotgun; section 275.10, 275.20, 275.30, or 275.40 relating to unauthor-
 ized recordings; SECTIONS 470.30 AND 470.31 RELATING TO STRUCTURING; and
 sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;
 or
   § 28. Paragraph f of subdivision 1 of section 410 of the general busi-
 ness  law,  as amended by chapter 189 of the laws of 2018, is amended to
 read as follows:
   f. Conviction of any of the following crimes subsequent to  the  issu-
 ance of a license or registration pursuant to this article: fraud pursu-
 ant  to  sections  170.10, 170.15, 176.15, 176.20, 176.25, 176.30 [and];
 SCHEMES TO DEFRAUD PURSUANT TO SECTIONS 190.60, 190.65,  190.66,  190.67
 AND  190.68;  falsifying  business  records  pursuant to section 175.10;
 STRUCTURING PURSUANT TO SECTIONS 470.30 AND 470.31; grand larceny pursu-
 ant to article 155; bribery pursuant to sections 180.03, 180.08, 180.15,
 180.25, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.45,  200.50;
 perjury pursuant to sections 210.10, 210.15, 210.40; assault pursuant to
 sections  120.05,  120.10,  120.11,  120.12; robbery pursuant to article
 160; homicide pursuant  to  sections  125.25  and  125.27;  manslaughter
 pursuant  to  sections 125.15 and 125.20; kidnapping and unlawful impri-
 sonment pursuant to sections 135.10, 135.20 and 135.25; unlawful weapons
 possession pursuant to sections 265.02, 265.03 and 265.04; criminal  use
 of  a  weapon pursuant to sections 265.08 and 265.09; criminal sale of a
 weapon pursuant to sections 265.11 and 265.12;  compelling  prostitution
 pursuant  to section 230.33; sex trafficking pursuant to section 230.34;
 sex trafficking of  a  child  pursuant  to  section  230.34-a;  and  sex
 offenses  pursuant  to  article 130 of the penal law. Provided, however,
 that for the purposes of this article, none of the  following  shall  be
 considered  criminal  convictions  or reported as such: (i) a conviction
 S. 8594                            14
 
 for which an executive pardon has been issued pursuant to the  executive
 law; (ii) a conviction which has been vacated and replaced by a youthful
 offender  finding pursuant to article seven hundred twenty of the crimi-
 nal  procedure  law,  or  the  applicable provisions of law of any other
 jurisdiction; or (iii) a conviction  the  records  of  which  have  been
 expunged  or sealed pursuant to the applicable provisions of the laws of
 this state or of any other jurisdiction; and (iv) a conviction for which
 other evidence of successful rehabilitation to remove the disability has
 been issued.
   § 29. Clause (ii) of subparagraph 2 of paragraph b of subdivision 3 of
 section 220-b of the labor law, as amended by chapter 7 of the  laws  of
 2008, is amended to read as follows:
   (ii)  coercion in the first degree as defined in section 135.65 of the
 penal law, grand larceny in the fourth  degree  as  defined  in  section
 155.30 of the penal law, grand larceny in the third degree as defined in
 section  155.35  of the penal law, grand larceny in the second degree as
 defined in section 155.40 of the penal law, grand larceny in  the  first
 degree  as  defined  in  section 155.42 of the penal law, forgery in the
 second degree as defined in section 170.10 of the penal law, forgery  in
 the first degree as defined in section 170.15 of the penal law, criminal
 possession  of  a  forged  instrument in the second degree as defined in
 section 170.25 of the penal law, criminal possession of a forged instru-
 ment in the first degree as defined in section 170.30 of the penal  law,
 criminal  possession  of forgery devices as defined in section 170.40 of
 the penal law, falsifying  business  records  in  the  first  degree  as
 defined  in  section  175.10  of  the  penal  law, tampering with public
 records in the first degree as defined in section 175.25  of  the  penal
 law,  offering  a  false  instrument  for  filing in the first degree as
 defined in section 175.35 of the penal law, issuing a false  certificate
 as  defined  in  section 175.40 of the penal law, insurance fraud in the
 fourth degree as defined in section 176.15 of the penal  law,  insurance
 fraud in the third degree as defined in section 176.20 of the penal law,
 insurance fraud in the second degree as defined in section 176.25 of the
 penal  law,  insurance  fraud  in the first degree as defined in section
 176.30 of the penal  law,  aggravated  insurance  fraud  as  defined  in
 section  176.35 of the penal law, commercial bribing in the first degree
 as defined in section 180.03 of the penal law, commercial bribe  receiv-
 ing  in  the first degree as defined in section 180.08 of the penal law,
 bribing a labor official as defined in section 180.15 of the penal  law,
 bribe  receiving by a labor official as defined in section 180.25 of the
 penal law, criminal impersonation in the second  degree  as  defined  in
 section  190.25  of  the  penal law, criminal impersonation in the first
 degree as defined in section 190.26 of the penal law, criminal usury  in
 the  second degree as defined in section 190.40 of the penal law, crimi-
 nal usury in the first degree as defined in section 190.42 of the  penal
 law,  SCHEME TO DEFRAUD IN THE FIFTH DEGREE AS DEFINED IN SECTION 190.60
 OF THE PENAL LAW, SCHEME TO DEFRAUD IN THE FOURTH DEGREE AS  DEFINED  IN
 SECTION  190.65  OF THE PENAL LAW, SCHEME TO DEFRAUD IN THE THIRD DEGREE
 AS DEFINED IN SECTION 190.66 OF THE PENAL LAW, scheme to defraud in  the
 [first] SECOND degree as defined in section [190.65] 190.67 of the penal
 law,  SCHEME TO DEFRAUD IN THE FIRST DEGREE AS DEFINED IN SECTION 190.68
 OF THE PENAL LAW, bribery in the third  degree  as  defined  in  section
 200.00  of  the  penal  law,  bribery in the second degree as defined in
 section 200.03 of the penal law, bribery in the first degree as  defined
 in  section 200.04 of the penal law, bribe receiving in the third degree
 as defined in section 200.10 of the penal law, bribe  receiving  in  the
 S. 8594                            15
 
 second  degree  as  defined  in  section  200.11 of the penal law, bribe
 receiving in the first degree as defined in section 200.12 of the  penal
 law,  rewarding  official  misconduct in the second degree as defined in
 section  200.20  of  the penal law, rewarding official misconduct in the
 first degree as defined in section 200.22 of the penal law, bribe giving
 for public office as defined in section 200.45 of the penal law,  STRUC-
 TURING  IN  THE  SECOND DEGREE AS DEFINED IN SECTION 470.30 OF THE PENAL
 LAW, STRUCTURING IN THE FIRST DEGREE AS DEFINED IN SECTION 470.31 OF THE
 PENAL LAW, or the attempted commission of any of the offenses set  forth
 in  this  [paragraph]  CLAUSE,  provided that such offense constitutes a
 felony; or
   § 30. Paragraphs (i) and (ii) of subdivision (a) of section 1-c of the
 legislative law, as added by section 29 of subpart A of part H of  chap-
 ter 55 of the laws of 2014, are amended to read as follows:
   (i) Any individual who stands convicted of a felony defined in article
 two  hundred  or  four  hundred  ninety-six  or  section 195.20, 195.22,
 195.25, OR 195.27 of the penal law may  not  be  retained,  employed  or
 designated by any client to engage in lobbying for compensation.
   (ii)  Any  individual who stands convicted of a misdemeanor defined in
 article two hundred, article four hundred ninety-six, section 195.00  or
 an  attempt  to commit a violation of section 195.20, 195.22, 195.25, OR
 195.27 of the penal law may not be retained, employed or  designated  by
 any  client  to engage in lobbying for compensation for a period of five
 years from the date of conviction,  provided  that  in  the  event  such
 conviction is the result of a plea agreement resulting in a plea to such
 charge  in  lieu  of a plea or conviction of a felony defined in section
 195.20, 195.22, 195.25, OR 195.27, article two hundred or  article  four
 hundred  ninety-six  of the penal law, all parties to such agreement may
 agree that the period of such bar may be for a period of up to ten years
 from the date of conviction.
   § 31. Subdivision 1-a of section 3 of  the  public  officers  law,  as
 added  by  section 31-b of subpart A of part H of chapter 55 of the laws
 of 2014, is amended to read as follows:
   1-a. (i) No person shall be capable of  holding  a  civil  office  who
 shall stand convicted of a felony defined in article two hundred or four
 hundred  ninety-six  or section 195.20, 195.22, 195.25, OR 195.27 of the
 penal law.
   (ii) Any individual who stands convicted of a misdemeanor  defined  in
 article  two  hundred, article four hundred ninety-six or section 195.00
 of the penal law may not hold civil office for a period  of  five  years
 from  the date of conviction, provided that in the event such conviction
 is the result of a plea agreement resulting in a plea to such charge  in
 lieu  of  a  plea  or  conviction of a felony defined in section 195.20,
 195.22, 195.25, OR 195.27, article two hundred or article  four  hundred
 ninety-six  of  the  penal  law, all parties to such agreement may agree
 that the period of such bar may be for a period of up to ten years  from
 the date of conviction.
   §  32.  The  opening paragraph and paragraph (i) of subdivision (b) of
 section 139-a of the state finance law, as  amended  by  section  30  of
 subpart  A  of  part H of chapter 55 of the laws of 2014, are amended to
 read as follows:
   upon the conviction of any person of a crime defined  in  article  two
 hundred or four hundred ninety-six or section 195.20, 195.22, 195.25, OR
 195.27 of the penal law,
   (i) such person, and any firm, partnership or corporation of which [he
 is]  THEY  ARE a member, partner, director or officer shall be disquali-
 S. 8594                            16
 
 fied from thereafter selling to  or  submitting  bids  to  or  receiving
 awards  from or entering into any contracts with the state or any public
 department, agency or official thereof, for goods, work or services, for
 a period of five years after such refusal, a period of five years upon a
 conviction  of  a  misdemeanor defined in article two hundred or article
 four hundred ninety-six or an attempt to commit a violation  of  section
 195.20, 195.22, 195.25, OR 195.27 of the penal law, provided that in the
 event  such  conviction is the result of a plea agreement resulting in a
 plea to such charge in lieu of a plea or conviction of a felony  defined
 in  section  195.20,  195.22,  195.25, OR 195.27, article two hundred or
 article four hundred ninety-six of the penal law, all  parties  to  such
 agreement  may  agree that the period of such bar may be for a period of
 up to ten years from the date of conviction, or  upon  conviction  of  a
 felony  defined  in  article  two  hundred or four hundred ninety-six or
 section 195.20, 195.22, 195.25, OR 195.27 of the penal  law,  for  life,
 any  convicted  firm, partnership or corporation is disqualified for its
 existence and to provide also that
   § 33. Subdivision 2 of section 139-b of  the  state  finance  law,  as
 added  by section 31 of subpart A of part H of chapter 55 of the laws of
 2014, is amended to read as follows:
   2. Any person who stands convicted of a felony defined in article  two
 hundred or four hundred ninety-six or section 195.20, 195.22, 195.25, OR
 195.27  of  the penal law, and any firm, partnership or corporation that
 stands convicted of such crime shall  be  disqualified  from  thereafter
 selling  to  or  submitting bids to or receiving awards from or entering
 into any contracts with the state or any public  department,  agency  or
 official  thereof, for goods, work or services. In the event a person or
 firm, partnership or corporation is so convicted, the office responsible
 for prosecuting such offense shall send notice of such conviction to the
 state commissioner of general services, and to the office of  the  state
 comptroller  and such appropriate departments, agencies and officials of
 the state, political subdivisions thereof  or  public  authorities  with
 whom the person or the firm, partnership or corporation is known to have
 a contract.
   §  34.  Subdivision  1-a of section 139-c of the state finance law, as
 added by section 31-a of subpart A of part H of chapter 55 of  the  laws
 of 2014, is amended to read as follows:
   1-a. Any firm, partnership, or corporation which has become subject to
 the  cancellation  or  termination  of a contract or disqualification to
 contract on account of conviction of a  crime  defined  in  article  two
 hundred or four hundred ninety-six or section 195.20, 195.22, 195.25, OR
 195.27  of  the  penal  law, as provided in sections one hundred thirty-
 nine-a and one hundred thirty-nine-b of this article, may,  upon  thirty
 days'  notice to the district attorney who conducted the action that led
 to the conviction, and the office of the state  comptroller  commence  a
 special  proceeding  at  a special term of the supreme court held within
 the judicial district in which the conviction was obtained for an  order
 discontinuing  such  disqualification.  The petition shall set forth the
 grounds, including that the firm, partnership, or corporation has  taken
 sufficient  actions to remove from responsibility officers and employees
 who engaged in the actions that formed the basis of the conviction, that
 the firm, partnership, or corporation has taken appropriate  and  suffi-
 cient  actions  to  ensure that the actions that formed the basis of the
 conviction are unlikely to recur, and that it will not be in the  public
 interest  to  cancel  or terminate petitioner's contracts or to continue
 the disqualification, as provided in sections one hundred  thirty-nine-a
 S. 8594                            17

 and  one hundred thirty-nine-b of this article; provided further, at any
 time after such cancellation or disqualification any such firm, partner-
 ship or corporation may apply to  the  supreme  court,  upon  notice  as
 provided  herein for an immediate termination of disqualification upon a
 reversal of the conviction upon which the debarment was imposed.
   § 35. Section 41 of the tax law, as added by section 36 of  subpart  A
 of  part  H  of  chapter  55  of the laws of 2014, is amended to read as
 follows:
   § 41. Limitations on tax credit eligibility. Any taxpayer  who  stands
 convicted,  or  who is a shareholder of an S corporation or partner in a
 partnership which is convicted, of an offense  defined  in  article  two
 hundred or four hundred ninety-six or section 195.20, 195.22, 195.25, OR
 195.27 of the penal law shall not be eligible for any tax credit allowed
 under  article  nine, nine-A, thirty-two or thirty-three of this chapter
 or any business tax credit allowed  under  article  twenty-two  of  this
 chapter.  For  purposes  of  this section, a business tax credit allowed
 under article twenty-two of this chapter is  a  tax  credit  allowed  to
 taxpayers  under  article twenty-two which is substantially similar to a
 tax credit allowed to taxpayers under article nine-A of this chapter. In
 the event a person or firm, partnership or corporation is  convicted  of
 an  offense defined in article two hundred or four hundred ninety-six or
 section 195.00 of the penal law, the office responsible for  prosecuting
 such  offense  shall  send  notice of such conviction, together with the
 names of any firm, partnership or corporation of  which  the  person  is
 known to be a member, partner, officer or director, to the commissioner.
   § 36. This act shall take effect immediately.