S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5946--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced by M. of A. SCHIMMINGER, MAGNARELLI, WEISENBERG, MONTESANO --
  Multi-Sponsored  by  -- M. of A. ABBATE, ARROYO, COOK -- read once and
  referred to the Committee on Codes -- recommitted to the Committee  on
  Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the penal law, in relation to filing false liens against
  public officers or public employees

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

  Section  1.  Section 175.35 of the penal law, as amended by chapter 99
of the laws of 1998, is amended to read as follows:
S 175.35 Offering a false instrument for filing in the first degree.
  A person is guilty of offering a false instrument for  filing  in  the
first degree when[,]:
  1.  knowing  that  a  written instrument contains a false statement or
false information, and with intent to defraud the state or any political
subdivision, public authority  or  public  benefit  corporation  of  the
state,  he OR SHE offers or presents it to a public office, public serv-
ant, public authority or public benefit corporation with  the  knowledge
or  belief  that  it  will  be  filed with, registered or recorded in or
otherwise become a part of the records of  such  public  office,  public
servant, public authority or public benefit corporation[.]; OR
  2.  HE  OR SHE KNOWINGLY FILES A FALSE LIEN OR ENCUMBRANCE IN A PUBLIC
RECORD OR PRIVATE RECORD THAT  IS  GENERALLY  AVAILABLE  TO  THE  PUBLIC
AGAINST  THE  REAL  OR  PERSONAL  PROPERTY OF A PUBLIC OFFICER OR PUBLIC
EMPLOYEE ON ACCOUNT OF THE  PERFORMANCE  OF  SUCH  PUBLIC  OFFICER'S  OR
PUBLIC  EMPLOYEE'S OFFICIAL DUTIES, OR WITH THE INTENT TO HARASS, INTIM-
IDATE OR OTHERWISE ATTEMPT TO AFFECT THE ACTIONS OF THE PUBLIC  OFFICIAL
OR  PUBLIC  EMPLOYEE, KNOWING OR HAVING REASON TO KNOW THAT SUCH LIEN OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08396-03-4

              

A. 5946--A                          2

ENCUMBRANCE IS FALSE OR CONTAINS MATERIALLY FALSE, FICTITIOUS, OR  FRAU-
DULENT STATEMENTS OR REPRESENTATIONS.
  Offering  a false instrument for filing in the first degree is a class
E felony.
  S 2. Section 175.35 of the penal law, as amended by chapter 490 of the
laws of 2013, is amended to read as follows:
S 175.35 Offering a false instrument for filing in the first degree.
  A person is guilty of offering a false instrument for  filing  in  the
first degree when:
  1.  knowing  that  a  written instrument contains a false statement or
false information, and with intent to defraud the state or any political
subdivision, public authority  or  public  benefit  corporation  of  the
state,  he or she offers or presents it to a public office, public serv-
ant, public authority or public benefit corporation with  the  knowledge
or  belief  that  it  will  be  filed with, registered or recorded in or
otherwise become a part of the records of  such  public  office,  public
servant, public authority or public benefit corporation; or
  2.  (a) he or she commits the crime of offering a false instrument for
filing in the second degree; and
  (b) such instrument is a financing statement the contents of which are
prescribed by section 9--502 of the uniform commercial code, the collat-
eral asserted to be covered in such  statement  is  the  property  of  a
person  who is a state or local officer as defined by section two of the
public officers law or who otherwise  is  a  judge  or  justice  of  the
unified  court  system,  such  financing statement does not relate to an
actual transaction, and he or she  filed  such  financing  statement  in
retaliation for the performance of official duties by such person[.]; OR
  3.  HE  OR SHE KNOWINGLY FILES A FALSE LIEN OR ENCUMBRANCE IN A PUBLIC
RECORD OR PRIVATE RECORD THAT  IS  GENERALLY  AVAILABLE  TO  THE  PUBLIC
AGAINST  THE  REAL  OR  PERSONAL  PROPERTY OF A PUBLIC OFFICER OR PUBLIC
EMPLOYEE ON ACCOUNT OF THE  PERFORMANCE  OF  SUCH  PUBLIC  OFFICER'S  OR
PUBLIC  EMPLOYEE'S OFFICIAL DUTIES, OR WITH THE INTENT TO HARASS, INTIM-
IDATE OR OTHERWISE ATTEMPT TO AFFECT THE ACTIONS OF THE PUBLIC  OFFICIAL
OR  PUBLIC  EMPLOYEE, KNOWING OR HAVING REASON TO KNOW THAT SUCH LIEN OR
ENCUMBRANCE IS FALSE OR CONTAINS MATERIALLY FALSE, FICTITIOUS, OR  FRAU-
DULENT STATEMENTS OR REPRESENTATIONS.
  Offering  a false instrument for filing in the first degree is a class
E felony.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become a law; provided however, that section two of this act shall
take effect on the same date and in the same  manner  as  section  3  of
chapter 490 of the laws of 2013, takes effect.