Bill S4726-2011

Provides that impersonation of a disabled veteran vendor is a class A misdemeanor

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.

Details

Actions

  • May 31, 2012: referred to codes
  • May 31, 2012: DELIVERED TO ASSEMBLY
  • May 31, 2012: PASSED SENATE
  • May 30, 2012: ORDERED TO THIRD READING CAL.965
  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 12, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 4, 2012: REFERRED TO CODES
  • Jan 4, 2012: returned to senate
  • Jan 4, 2012: died in assembly
  • Jun 14, 2011: referred to codes
  • Jun 14, 2011: DELIVERED TO ASSEMBLY
  • Jun 14, 2011: PASSED SENATE
  • Jun 13, 2011: ORDERED TO THIRD READING CAL.1158
  • Jun 11, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Apr 15, 2011: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Rules - May 30, 2012
Ayes (21): Skelos, Alesi, Farley, Fuschillo, Hannon, Larkin, Libous, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Dilan, Hassell-Thompson, Krueger, Montgomery, Parker, Perkins, Smith, Stewart-Cousins
Ayes W/R (3): LaValle, Marcellino, Duane
Excused (1): Johnson

Memo

BILL NUMBER:S4726

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4726 2011-2012 Regular Sessions IN SENATE April 15, 2011 ___________
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 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.

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