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

                                   129

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to forged instruments and the
  sale thereof

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

  Section  1. Section 170.00 of the penal law is amended by adding a new
subdivision 9 to read as follows:
  9. "SELL" MEANS TO SELL, EXCHANGE, GIVE OR DISPOSE OF TO  ANOTHER,  OR
OFFER OR AGREE TO DO THE SAME.
  S 2. Section 170.05 of the penal law is amended to read as follows:
S 170.05 Forgery in the third degree.
  A person is guilty of forgery in the third degree when[, with]:
  1. WITH intent to defraud, deceive or injure another, he OR SHE false-
ly makes, completes or alters a written instrument[.]; OR
  2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS A FORGED INSTRUMENT.
  Forgery in the third degree is a class A misdemeanor.
  S 3. Section 170.10 of the penal law,  subdivision  1  as  amended  by
chapter 949 of the laws of 1984, is amended to read as follows:
S 170.10 Forgery in the second degree.
  A person is guilty of forgery in the second degree when[, with]:
  1. WITH intent to defraud, deceive or injure another, he OR SHE false-
ly  makes, completes or alters a written instrument which is or purports
to be, or which is calculated to become or to represent if completed:
  [1.] (A) A  deed,  will,  codicil,  contract,  assignment,  commercial
instrument, credit card, as that term is defined in subdivision seven of
section  155.00, or other instrument which does or may evidence, create,
transfer, terminate or otherwise affect a legal right,  interest,  obli-
gation or status; or

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

                                                           LBD00322-01-3

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  [2.]  (B)  A  public  record,  or  an  instrument filed or required or
authorized by law to be filed in or with a public office or public serv-
ant; or
  [3.  A  written  instrument  officially  issued or created by a public
office, public servant or governmental instrumentality; or
  4.] (C) Part of an issue of tokens, public  transportation  transfers,
certificates  or  other  articles  manufactured  and designed for use as
symbols of value usable in place of money for the purchase  of  property
or services; or
  [5.]  (D)  A prescription of a duly licensed physician or other person
authorized to issue the same for any drug or any  instrument  or  device
used in the taking or administering of drugs for which a prescription is
required by law[.]; OR
  2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS ANY FORGED  INSTRUMENT  OF  A
KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
  Forgery in the second degree is a class D felony.
  S 4. Section 170.15 of the penal law is amended to read as follows:
S 170.15 Forgery in the first degree.
  A person is guilty of forgery in the first degree when[, with]:
  1.  WITH  intent  to  defraud,  deceive or injure another, he   OR SHE
falsely makes, completes or alters a  written  instrument  which  is  or
purports  to  be,  or  which  is calculated to become or to represent if
completed:
  [1.] (A) Part of an issue of money, stamps, securities or other  valu-
able instruments issued by a government or governmental instrumentality;
or
  [2.] (B) Part of an issue of stock, bonds or other instruments repres-
enting  interests in or claims against a corporate or other organization
or its property[.]; OR
  (C) A WRITTEN INSTRUMENT OFFICIALLY ISSUED  OR  CREATED  BY  A  PUBLIC
OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY; OR
  2.  WITH  KNOWLEDGE  THAT  IT  IS  FORGED  AND WITH INTENT TO DEFRAUD,
DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS ANY FORGED  INSTRUMENT  OF  A
KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION.
  Forgery in the first degree is a class C felony.
  S  5.  The penal law is amended by adding a new section 170.26 to read
as follows:
S 170.26 CRIMINAL POSSESSION OF A FORGED INSTRUMENT; PRESUMPTION.
  A PERSON WHO POSSESSES TWO OR MORE FORGED INSTRUMENTS OF A KIND SPECI-
FIED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15,  IDENTIFYING
ANOTHER  PERSON  OR  PERSONS,  WITH  KNOWLEDGE THAT SUCH INSTRUMENTS ARE
FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER,  SHALL  BE
PRESUMED  TO POSSESS SUCH FORGED INSTRUMENTS WITH INTENT TO SELL THEM IN
VIOLATION OF SUBDIVISION TWO OF SECTION 170.15 OF THIS ARTICLE.
  S 6. Section 170.25 of the penal law is amended to read as follows:
S 170.25 Criminal possession  of  a  forged  instrument  in  the  second
           degree.
  A  person  is  guilty of criminal possession of a forged instrument in
the second degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he OR SHE utters or possesses any
forged instrument of a kind specified  in  SUBDIVISION  ONE  OF  section
170.10 OR PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15.
  Criminal  possession  of a forged instrument in the second degree is a
class D felony.
  S 7. Section 170.30 of the penal law is amended to read as follows:

S. 129                              3

S 170.30 Criminal possession of a forged instrument in the first degree.
  A  person  is  guilty of criminal possession of a forged instrument in
the first degree when, with knowledge that it is forged and with  intent
to defraud, deceive or injure another, he OR SHE utters or possesses any
forged  instrument of a kind specified in PARAGRAPH (A) OR (B) OF SUBDI-
VISION ONE OF section 170.15.
  Criminal possession of a forged instrument in the first  degree  is  a
class C felony.
  S 8. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.