Provides that impersonation of a disabled veteran vendor, by carrying or possessing a specialized vending license without authority or any form of insignia or by words or actions; designates such impersonation as a class A misdemeanor.

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S371-2013 Actions

• May 22, 2013: referred to codes
• May 22, 2013: DELIVERED TO ASSEMBLY
• May 22, 2013: PASSED SENATE
• May 21, 2013: ORDERED TO THIRD READING CAL.709
• May 21, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jan 9, 2013: REFERRED TO CODES

S371-2013 Meetings

Rules: May 21, 2013

S371-2013 Calendars

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

S371-2013 Votes

S371-2013 Memo

BILL NUMBER:S371

TITLE OF BILL:
An act
to amend the penal law, in relation to criminal impersonation of a
disabled veteran vendor

PURPOSE:
This bill designates criminal impersonation of a disabled veteran
vendor as a class A misdemeanor.

SUMMARY OF PROVISIONS:
Section 190.25 of the penal law is amended to expand the definition of
second degree criminal impersonation to include the impersonation of
a specially licensed disabled veteran vendor.

JUSTIFICATION:
Those who impersonate disabled veteran vendors in order to illegally
vend are guilty of a shameful, deceitful, and very harmful crime.
Impersonators cause harm to real disabled veteran vendors by stealing
business that is not rightfully theirs and by duping the buying
public into believing that they are supporting a disabled veteran
through their purchase. Making impersonation of a veteran vendor a
class A misdemeanor creates a deterrent to this activity and punishes
impersonators in proportion to their crime.

LEGISLATIVE HISTORY:
2006: S.2485 Passed Senate (61-0)/A.3464 Referred to Cities
2008: S.944  Passed Senate (61-0)/A.1162 Referred to Codes
2009: S.1956 Referred to Codes/A.1640 Referred to Codes
2011: S.4726 Passed Senate/A.10550 Referred to Codes

FISCAL IMPLICATIONS:
None.

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

S371-2013 Text

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

                                     371

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. KENNEDY -- 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 impersonation  of
    a disabled veteran vendor

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


    Section 1. Section 190.25 of the penal law, the section heading, open-
  ing paragraph, subdivision 3 and closing paragraph as amended by chapter
  27 of the laws of 1980, subdivision 4 as added by  chapter  304  of  the
  laws of 2008, is amended to read as follows:

  S 190.25 Criminal impersonation in the second degree.
    A person is guilty of criminal impersonation in the second degree when
  he OR SHE:

    1. Impersonates another and does an act in such assumed character with
  intent to obtain a benefit or to injure or defraud another; or
    2.  Pretends to be a representative of some person or organization and
  does an act in such pretended capacity with intent to obtain  a  benefit
  or to injure or defraud another; or
    3.  (a)  Pretends to be a public servant, or wears or displays without
  authority any uniform, badge, insignia or  facsimile  thereof  by  which
  such  public  servant is lawfully distinguished, or falsely expresses by
  his OR HER words or actions that he OR SHE is a  public  servant  or  is
  acting  with approval or authority of a public agency or department; and
  (b) so acts with intent to induce another to submit  to  such  pretended
  official  authority,  to  solicit funds or to otherwise cause another to
  act in reliance upon that pretense; OR
    4. Impersonates another by communication by internet website or  elec-
  tronic means with intent to obtain a benefit or injure or defraud anoth-
  er, or by such communication pretends to be a public servant in order to

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02426-01-3

 S. 371                              2

  induce  another  to  submit to such authority or act in reliance on such
  pretense[.]; OR
    5.  PRETENDS  TO BE A DISABLED VETERAN VENDOR, OR CARRIES OR POSSESSES
  WITHOUT AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED  VEND-
  ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
  AL  BUSINESS  LAW  ANY  FORM  OF INSIGNIA OR IDENTIFICATION OR FACSIMILE
  THEREOF, OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE  OR
  SHE IS A DISABLED VETERAN VENDOR.
    Criminal impersonation in the second degree is a class A misdemeanor.
    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.