S1998-2011 - NY Senate Open Legislation - Changes the penalty for practicing or appearing as an attorney-at-law without being admitted and registered to a felony

Provides that practicing or appearing as an attorney-at-law without being admitted and registered shall be a class E felony instead of a misdemeanor.

Sponsor: FUSCHILLO / Co-sponsor(s): AVELLA, DEFRANCISCO, HASSELL-THOMPSON, LARKIN, SALAND
Law Section: Judiciary Law / Law: Amd SS478 & 485, Judy L

S1998-2011 Actions

Dec 12, 2012: APPROVAL MEMO.20
Dec 12, 2012: SIGNED CHAP.492
Dec 5, 2012: DELIVERED TO GOVERNOR
Jun 20, 2012: returned to senate
Jun 20, 2012: passed assembly
Jun 20, 2012: ordered to third reading rules cal.441
Jun 20, 2012: substituted for a5700a
May 2, 2012: referred to judiciary
May 1, 2012: DELIVERED TO ASSEMBLY
May 1, 2012: PASSED SENATE
Mar 30, 2012: AMENDED ON THIRD READING 1998A
Jan 23, 2012: ADVANCED TO THIRD READING
Jan 19, 2012: 2ND REPORT CAL.
Jan 18, 2012: 1ST REPORT CAL.38
Jan 4, 2012: REFERRED TO JUDICIARY
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Mar 7, 2011: referred to judiciary
Mar 7, 2011: DELIVERED TO ASSEMBLY
Mar 7, 2011: PASSED SENATE
Mar 3, 2011: ADVANCED TO THIRD READING
Mar 2, 2011: 2ND REPORT CAL.
Mar 1, 2011: 1ST REPORT CAL.123
Jan 14, 2011: REFERRED TO JUDICIARY

S1998-2011 Meetings

Judiciary: Jan 18, 2012, Judiciary: Mar 1, 2011

S1998-2011 Calendars

S1998-2011 Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 1, 2011

Ayes (22): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Breslin, Dilan, Espaillat, Gianaris, Krueger, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (1): Adams

VOTE: FLOOR VOTE: - Mar 7, 2011

Ayes (59): Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (3): Adams, Duane, Kruger

VOTE: COMMITTEE VOTE: - Judiciary - Jan 18, 2012

Ayes (23): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Hassell-Thompson, Adams, Breslin, Dilan, Espaillat, Gianaris, Krueger, Perkins, Serrano, Squadron, Stavisky

VOTE: FLOOR VOTE: - May 1, 2012

Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Excused (3): Hannon, Martins, Valesky

S1998-2011 Memo

BILL NUMBER:S1998

TITLE OF BILL:
An act
to amend the judiciary law, in relation to practicing or appearing as an
attorney-at-law without being admitted and registered

PURPOSE:
The purpose of this legislation is to amend the Judiciary Law to make
the unlawful practice of law a class E felony.

SUMMARY OF PROVISIONS:
Section one of this legislation would amend section 478 of the
Judiciary Law to provide that any person practicing or appearing as
an attorney-at-law or as an attorney and counselor-at-law (or
equivalent terms) without having first been duly and regularly
licensed and admitted to practice law in the courts of record of this
state, and without having taken the constitutional oath would be
guilty of a class E felony.

Section two would amend section 485 of the Judiciary Law, to remove
section 478 from the sections which if violated would constitute a
misdemeanor.

EXISTING LAW:
Currently, those persons who hold themselves out as an attorney-at-law
or counselor-at-law without being admitted and registered are guilty
of a misdemeanor.

JUSTIFICATION:
The purpose of this legislation is to provide consistency within the
law regarding the unauthorized practice of a profession. Under section
6512 of the Education Law, anyone not authorized to practice under
Title VIII who practices or holds himself (or herself) out as being
able to practice in any profession for which a license is required
commits a class E felony.
Examples of those professionals licensed under Title VIII of the
Education Law include physicians, chiropractors, dentists,
veterinarians, physical therapists, pharmacists, registered
professional nurses, licensed practical nurses, licensed master
social workers, certified public accountants. landscape architects,
certified shorthand reporters, etc.

Licenses and registration ensure the public that a certain level of
competency has been achieved to practice within a profession.
Certainly, the unlawful practice of law should constitute a crime
equivalent to the unauthorized practice of a profession.

LEGISLATIVE HISTORY:
2009-2010 Passed Senate (S/41/A.1643)
2005-2006 Passed Senate (S.1865/A.5l69)
2007-2008 Passed Senate (S.2358/A.8563)

FISCAL IMPLICATIONS:
None to the State.


EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

S1998-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1998
 2011-2012 Regular Sessions
 I N  SENATE
 January 14, 2011
 
 Introduced  by Sens. FUSCHILLO, LARKIN, SALAND -- read twice and ordered
 printed, and when printed to be committed to the Committee on  Judici
 ary
 AN  ACT to amend the judiciary law, in relation to practicing or appear
 ing as an attorney-at-law without being admitted and registered
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 478 of the judiciary law, as amended by chapter 201
 of the laws of 1993, is amended to read as follows:

 

S 478. Practicing or appearing as attorney-at-law without being admit
 ted and registered. It shall be unlawful for any natural person to prac
 tice or appear as an attorney-at-law or as an attorney and counselor-at
 law  for  a person other than himself OR HERSELF in a court of record in
 this state, or to furnish attorneys or counsel or an attorney and  coun
 sel  to  render legal services, or to hold himself OR HERSELF out to the
 public as being entitled to practice law as aforesaid, or in  any  other
 manner,  or  to  assume  to  be  an  attorney or counselor-at-law, or to
 assume, use, or advertise the title of lawyer, or attorney  and  counse
 lor-at-law,  or  attorney-at-law  or  counselor-at-law,  or attorney, or
 counselor, or  attorney  and  counselor,  or  equivalent  terms  in  any
 language, in such manner as to convey the impression that he OR SHE is a
 legal  practitioner  of law or in any manner to advertise that he OR SHE
 either alone or together with any other persons  or  person  has,  owns,
 conducts  or  maintains  a  law  office or law and collection office, or
 office of any kind for the practice of law, without  having  first  been
 duly  and  regularly licensed and admitted to practice law in the courts
 of record of this state, and without  having  taken  the  constitutional
 oath.  Provided,  however, that nothing in this section shall be held to
 apply (1) to officers of societies for  the  prevention  of  cruelty  to
 animals,  duly  appointed,  when exercising the special powers conferred
 upon such corporations under section fourteen hundred three of the  not
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00471-02-1
        S. 1998                             2
 for-profit corporation law; or (2) to law students who have completed at
 least  two  semesters of law school or persons who have graduated from a
 law school, who have taken the examination for  admittance  to  practice
 law  in  the  courts  of record in the state immediately available after
 graduation from law school, or  the  examination  immediately  available
 after  being  notified by the board of law examiners that they failed to
 pass said exam, and who have not been notified by the board of law exam
 iners that they have failed to pass two such examinations, acting  under
 the  supervision  of  a  legal  aid  organization when such students and
 persons are acting under a program approved by the appellate division of
 the supreme court of the department in which  the  principal  office  of
 such  organization  is  located  and specifying the extent to which such
 students and persons may engage in activities  otherwise  prohibited  by
 this  statute;  or  (3)  to law students who have completed at least two
 semesters of law school, or to persons who have  graduated  from  a  law
 school  approved  pursuant  to the rules of the court of appeals for the
 admission of attorneys and counselors-at-law  and  who  have  taken  the
 examination  for  admission to practice as an attorney and counselor-at
 law immediately available after graduation from law school or the  exam
 ination  immediately  available after being notified by the board of law
 examiners that they failed to pass said exam,  and  who  have  not  been
 notified by the board of law examiners that they have failed to pass two
 such  examinations,  when  such students or persons are acting under the
 supervision of the state or a subdivision thereof or of any  officer  or
 agency  of  the  state  or  a subdivision thereof, pursuant to a program
 approved by the appellate division of the supreme court of  the  depart
 ment  within  which  such activities are taking place and specifying the
 extent to which they may engage in activities  otherwise  prohibited  by
 this  statute and those powers of the supervising governmental entity or
 officer in connection with which they may engage in such activities;  OR
 (4)  AN  ATTORNEY AND COUNSELOR-AT-LAW OR THE EQUIVALENT WHO IS ADMITTED
 TO THE BAR IN ANOTHER STATE, TERRITORY, DISTRICT OR FOREIGN COUNTRY  AND
 WHO HAS BEEN ADMITTED TO PRACTICE PRO HAC VICE IN THE STATE OF NEW YORK.
 ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION SHALL BE GUILTY OF
 A CLASS E FELONY.
 

S 2.

Section 485 of the judiciary law, as added by chapter 1031 of the
 laws of 1965, is amended to read as follows:

 

S  485.  Violation  of  certain preceding sections a misdemeanor.  Any
 person violating the  provisions  of  [sections  four  hundred  seventy-
 eight,]  SECTION  four  hundred  seventy-nine, four hundred eighty, four
 hundred eighty-one, four hundred eighty-two, four  hundred  eighty-three
 or four hundred eighty-four OF THIS ARTICLE, shall be guilty of a misde
 meanor.
 

S  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

S1998-2011: Changes the penalty for practicing or appearing as an attorney-at-law without being admitted and registered to a felony