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 is a class A misdemeanor.
Ayes (58): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Golden, Hassell-Thomps, Smith
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.
STATE OF NEW YORK ________________________________________________________________________ 371--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. KENNEDY, KRUEGER, SAMPSON -- 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 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; OREXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02426-02-4 S. 371--A 2
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 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 WITH INTENT TO OBTAIN A BENEFIT OR TO INJURE OR DEFRAUD ANOTHER. 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.