Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.

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S2748-2013 Actions

• May 23, 2013: referred to codes
• May 23, 2013: DELIVERED TO ASSEMBLY
• May 23, 2013: PASSED SENATE
• May 22, 2013: ADVANCED TO THIRD READING
• May 21, 2013: 2ND REPORT CAL.
• May 20, 2013: 1ST REPORT CAL.634
• Jan 23, 2013: REFERRED TO CODES

S2748-2013 Meetings

Codes: May 20, 2013

S2748-2013 Calendars

Active List: May 23, 2013 , Floor Calendar: May 21, 2013 , Floor Calendar: May 22, 2013 , Floor Calendar: May 23, 2013

S2748-2013 Votes

S2748-2013 Memo

BILL NUMBER:S2748

TITLE OF BILL:  An act to amend the penal law, in relation to criminal
use of public records

PURPOSE:  To create a new category of crime for the use of government
documents for the purpose of advancing criminal activity.

SUMMARY OF PROVISIONS:

Section one amends the penal law by adding two new sections; 240.77 and
240.79. New section 240.77 defines the term "record" for purposes of new
section 240.79. The term "record" has the same meaning as in public
officers law section 86(4). New section 240.79 provides that it is a
class "E" felony for a person to intentionally obtain records through
the Freedom of Information Law (FOIL) with the intent to use such
records in the commission of a crime and uses or attempts to use such
records as an instrumentality in the commission a crime or in the
commission or furtherance of a crime.

Section two provides the effective date.

EXISTING LAW:  Currently, persons who use records obtained pursuant to
FOIL as an instrumentality in the commission of a crime or in commission
of furtherance of a crime is not subject to criminal penalties under the
penal law.

JUSTIFICATION:  The Freedom of Information Law (FOIL) is based on the
ideal that "a free society is maintained when government is responsive
and responsible to the public, and when the public is aware of govern-
mental actions." It was this idea of open access to government documents
that has, unfortunately, come under abuse by convicts and others with
questionable and/or harmful motives.

Recently, there has been an increase in instances where unscrupulous
individuals use FOIL to gain personal data on unsuspecting citizens.
The crime of identity theft is more offensive when government documents
are used because the perpetrators are abusing a freedom we all enjoy.
The use of government documents in this manner is unacceptable and
should be prevented.

LEGISLATIVE HISTORY:  2012: S.2168 - Referred to Codes 2011: S.2168 -
Passed Senate 2009-10: S.1578 - Referred to Codes both years 2007-08:
S.158 - Passed Senate both years 2006: S.1823-A - Passed Senate 2005:
S.1823 - Passed Senate 2003-04: S.3962 - Passed Senate both years

FISCAL IMPLICATIONS:  None

EFFECTIVE DATE:  This act shall take effect on the first day of November
next succeeding the date on which it shall have become a law.

S2748-2013 Text

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

                                    2748

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 23, 2013
                                 ___________

  Introduced  by  Sen.  GOLDEN -- 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  criminal  use  of  public
    records

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


    Section 1. The penal law is amended by adding two new sections  240.77
  and 240.79 to read as follows:

  S 240.77 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION.
    FOR  THE  PURPOSES  OF  SECTION 240.79 OF THIS ARTICLE, "RECORD" SHALL
  HAVE THE SAME MEANING ASCRIBED TO  SUCH  TERM  BY  SUBDIVISION  FOUR  OF
  SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW.
  S 240.79 CRIMINAL USE OF PUBLIC RECORDS.
    A  PERSON  IS  GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN HE OR SHE
  INTENTIONALLY OBTAINS ANY RECORD, WITH THE INTENT TO USE SUCH RECORD  IN
  THE  COMMISSION OF A CRIME, THROUGH THE PROCESS PROVIDED PURSUANT TO THE
  PUBLIC OFFICERS LAW, AND ATTEMPTS TO USE OR  USES  SUCH  RECORD  IN  THE
  COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION
  OF A CRIME.
    CRIMINAL USE OF PUBLIC RECORDS IS A CLASS E FELONY.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07386-01-3