Senate Bill S3482A

2013-2014 Legislative Session

Filing false liens or encumbrances against public officers or public employees is a first degree class E felony

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2013-S3482 - Details

See Assembly Version of this Bill:
A5946
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §175.35, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S1558
2017-2018: S3707
2019-2020: S3902

2013-S3482 - Summary

Provides that filing false liens or encumbrances against public officers or public employees or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowingly file a false or misleading lien is a first degree class E felony.

2013-S3482 - Sponsor Memo

2013-S3482 - Bill Text download pdf

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

                                  3482

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced  by  Sens. RANZENHOFER, DeFRANCISCO, SAVINO -- 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 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 KNOWN 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  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2013-S3482A (ACTIVE) - Details

See Assembly Version of this Bill:
A5946
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §175.35, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: S1558
2017-2018: S3707
2019-2020: S3902

2013-S3482A (ACTIVE) - Summary

Provides that filing false liens or encumbrances against public officers or public employees or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowingly file a false or misleading lien is a first degree class E felony.

2013-S3482A (ACTIVE) - Sponsor Memo

2013-S3482A (ACTIVE) - Bill Text download pdf

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

                                 3482--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 4, 2013
                               ___________

Introduced by Sens. RANZENHOFER, BALL, DeFRANCISCO, SAVINO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on  Codes  -- recommitted to the Committee on Codes in accordance with
  Senate Rule 6, sec. 8 -- 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
ENCUMBRANCE  IS FALSE OR CONTAINS MATERIALLY FALSE, FICTITIOUS, OR FRAU-
DULENT STATEMENTS OR REPRESENTATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08396-02-4
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.