A9153 - NY Senate Open Legislation - Requires persons pledging goods to a collateral loan broker or selling goods to a second hand dealer to sign a written statement sworn to be true

Law Section: General Business Law

A9153 Summary

Requires persons pledging goods to a collateral loan broker or selling goods to a second hand dealer to sign a written statement sworn to be true; provides that a false statement therein shall constitute making a punishable false written statement.

A9153 Actions

A9153 - referred to economic development - Sep 22, 2009

A9153 Memo

BILL NUMBER:A9153

TITLE OF BILL: An act to amend the general business law and the penal law, in relation to written false statements made by any person to a collateral loan broker or second hand dealer regarding any loan made by such broker or sale to such dealer

PURPOSE OF GENERAL IDEA OF BILL: Add false declaration of ownership of pledged property to a pawnbroker to the definition of larceny. To amend the Penal Law to make it a crime when a pledgor issues a false declaration of ownership to a pawnbroker in connection with making a loan.

SUMMARY OF SPECIFIC PROVISIONS: 1. General Business Law § 44 is amended by adding a new subdivision 4 to authorize the inclusion in a note or memorandum used in connection with a collateral loan transaction language advising the borrower that in signing the document, he or she is affirming that the statements therein are trued under penalty of the offenses of larceny and/or making a punishable false written statement. 2. The Penal Law is amended by adding anew § 210.45(2) specifically providing that a person commits the crime of making a punishable false written statement when he or she knowingly makes a false statement, which he or she does not believe to be true in connection with obtaining a loan from a collateral loanbroker or proceeds of sale to a second hand dealer. The loan/ sale document must contain a from notice to the effect that the false statements made therein are punishable. The crime is punishable as a class A misdemeanor.

JUSTIFICATION: A party seeking to secure a loan from a collateral loan broker uses personal property (typically jewelry) as collateral. The borrower is required to affirm, in writing, that he or she is the owner of the property. Only a relatively small number of collateral loanbroker transactions involve stolen property. Career criminals are well aware of the record keeping requirements regarding property pledged to a collat eral loanbroker. Nevertheless, in instances where a collateral loanbrok er, without knowledge, receives stolen property as collateral from the general public, the collateral loanbroker mush return the property to the true owner and in virtually all cases is unable to recover anything from the wrongdoer. This bill will help reduce the frequency of these cases by increasing the likelihood of prosecutions and will also help the collateral loanbroker in his or her effort to secure recovery from the wrongdoer, since restitution often times can be included as a condi tion of any early release, plea arrangement or probation. Second hand dealers face a similar threat and this bill will afford second hand dealers the same protection.

LEGISLATIVE HISTORY: New bills

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: 60th day after it becomes a law

A9153 Text

S T A T E O F N E W Y O R K
9153
2009-2010 Regular Sessions I N ASSEMBLY September 22, 2009
Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Economic Development, Job Creation, Commerce and Industry AN ACT to amend the general business law and the penal law, in relation to written false statements made by any person to a collateral loan broker or second hand dealer regarding any loan made by such broker or sale to such dealer

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1.

Section 44 of the general business law is amended by adding a new subdivision 4 to read as follows:
4. EACH PERSON SIGNING A MEMORANDUM OR NOTE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR SIGNING A BILL OF SALE PROFFERED TOGETHER WITH PERSONAL PROPERTY TO A SECOND HAND DEALER SHALL AFFIRM THAT THE STATE MENTS THEREIN ARE TRUE UNDER THE PENALTIES OF THE OFFENSES OF LARCENY AND/OR MAKING A PUNISHABLE FALSE WRITTEN STATEMENT.

S 2.

Section 210.45 of the penal law is amended to read as follows:

S 210.45 Making a punishable false written statement. A person is guilty of making a punishable false written statement when he OR SHE knowingly makes a false statement, which he OR SHE does not believe to be true, in a written instrument:
1. bearing a legally authorized form notice to the effect that false statements made therein are punishable; OR 2. SUBMITTED TO OBTAIN A LOAN FROM A COLLATERAL LOAN BROKER OR PROCEEDS OF SALE FROM A SECOND HAND DEALER, BEARING A LEGALLY AUTHORIZED FORM NOTICE TO THE EFFECT THAT FALSE STATEMENTS MADE THEREIN ARE PUNISH ABLE. Making a punishable false written statement is a class A misdemeanor.

S 3. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14243-01-9

A9153: Requires persons pledging goods to a collateral loan broker or selling goods to a second hand dealer to sign a written statement sworn to be true

A9153 Summary

A9153 Actions

A9153 Memo

A9153 Text

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