This bill has been amended

Bill S6292-2011

Prohibits the criminal sale of forged instruments

Prohibits the sale of forged instruments; includes the sale and manufacture of government issued documents in the class C felony of forgery in the first degree.

Details

Actions

  • Jun 18, 2012: RETURNED TO ASSEMBLY
  • Jun 18, 2012: REPASSED SENATE
  • Jun 18, 2012: AMEND BY RESTORING TO ORIGINAL PRINT 6292
  • Jun 14, 2012: AMENDED ON THIRD READING (T) 6292A
  • Jun 14, 2012: VOTE RECONSIDERED - RESTORED TO THIRD READING
  • Jun 14, 2012: returned to senate
  • Jun 14, 2012: RECALLED FROM ASSEMBLY
  • 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.968
  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 20, 2012: REFERRED TO CODES

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:S6292

TITLE OF BILL: An act to amend the penal law, in relation to forged instruments and the sale thereof

PURPOSE OF THE BILL: Prohibits the sale of forged instruments and includes the sale and manufacture of government issued documents in class C felony of forgery in the first degree.

SUMMARY OF PROVISIONS OF BILL: Section 1 amends penal law § 170.00 by adding new subdivision 9 defining the term sell.

Section 2 amends penal law § 170.05, forgery in the third degree, an A misdemeanor, to include the sale of a forged instrument.

Section 3 amends penal law § 170.10, forgery in the second degree, a D Felony, to include the sale of a forged instrument and removes government documents from the list of second degree forgeries.

Section 4 amends penal law § 170.15, forgery in the first degree, a C felony, to include the sale of a forged instrument and includes government documents within the list of first degree forgeries.

Section 5 adds penal law § 170.26 creating a presumption that a person who possesses two or more forged government documents depicting a person other than himself intends to sell said forged documents.

Sections 6 and 7 clarify that possession of a forged government document remains a second degree crime, punishable as a D felony.

Section 8 establishes the effective date.

JUSTIFICATION: The manufacture and sale of forged government documents ("Fake IDs") facilitate a broad array of serious harms locally, statewide and on a national level. These include relatively minor but socially damaging harms like public nuisance and quality of life violations, as well as indisputably grave ills such as identity theft and fraud, increased alcohol related fatalities among minors, and the evasion of detection by sex offenders, drunken drivers, and aliens with violent criminal records. Fake IDs have even played critical roles in a number of terrorist plots, some of which have been thwarted, others of which have ended in tragedy.

Over the past several years, multiple media outlets have published reports on the open sale of Fake IDs on the street comers of Roosevelt Avenue, right in the heart of my district. This sort of open lawlessness is what prevents Roosevelt Avenue from realizing its potential as a thriving commercial area. Just recently, a group of Fake ID manufacturers and sellers based in lower Manhattan were charged with using forged government documents to misappropriate the identities of more than 180 New Yorkers and steal

in excess of$1 million. In 2009,45 New York minors died while driving drunk and another 279 were arrested for DUIs. Many, if not most, of those minors purchased alcohol using Fake IDs. Most chillingly, in the wake of the 9/11 terrorist attacks it was discovered that all 19 hijackers had fraudulently obtained or fake Social Security numbers and 18 of the 19 possessed fraudulently obtained or phony driver's licenses or motor vehicle ID cards. There is no end to these stories.

Although New York law enforcement officers and prosecutors have done a remarkable job combating the manufacture and sale of Fake IDs, notably through prolonged undercover investigations, the current Fake ID laws contain a number of gaps that we as lawmakers should feel obligated to close. This legislation will close those gaps.

This bill will deter street-comer ID peddlers by explicitly making it a crime to sell or offer for sale forged government documents, raising the quality of life in places like Roosevelt Avenue. It also makes it clear for the first time that the sale of any forged instrument is an equivalent crime to the forgery of the same instrument. In recognition of the unique dangers posed by Fake IDs this bill raises the penalty for the sale or manufacture of a forged government document from a D felony to a C felony. However, the bill also brings the prohibition against forged government documents into line with other contraband laws such as those regulating narcotics, by making it a lesser crime to possess a fake ID than to sell or manufacture one. Finally, the bill creates a presumption that a person who possesses two or more Fake IDs depicting a person other than the possessor intends to sell said IDs and may be charged as such. With these gaps filled, New York law enforcement and prosecutors will have the tools they need to improve upon their already commendable track record in the fight against Fake IDs.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None noted.

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 ________________________________________________________________________ 6292 IN SENATE January 20, 2012 ___________
Introduced by Sen. PERALTA -- 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 forged instruments and the sale thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 170.00 of the penal law is amended by adding a new subdivision 9 to read as follows: 9. "SELL" MEANS TO SELL, EXCHANGE, GIVE OR DISPOSE OF TO ANOTHER, OR OFFER OR AGREE TO DO THE SAME. S 2. Section 170.05 of the penal law is amended to read as follows: S 170.05 Forgery in the third degree. A person is guilty of forgery in the third degree when[, with]: 1. WITH intent to defraud, deceive or injure another, he OR SHE false- ly makes, completes or alters a written instrument[.]; OR 2. WITH KNOWLEDGE THAT IT IS FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS A FORGED INSTRUMENT. Forgery in the third degree is a class A misdemeanor. S 3. Section 170.10 of the penal law, subdivision 1 as amended by chapter 949 of the laws of 1984, is amended to read as follows: S 170.10 Forgery in the second degree. A person is guilty of forgery in the second degree when[, with]: 1. WITH intent to defraud, deceive or injure another, he OR SHE false- ly makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: [1.] (A) A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obli- gation or status; or [2.] (B) A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public serv- ant; or
[3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality; or 4.] (C) Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services; or [5.] (D) A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law[.]; OR 2. WITH KNOWLEDGE THAT IT IS FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS ANY FORGED INSTRUMENT OF A KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION. Forgery in the second degree is a class D felony. S 4. Section 170.15 of the penal law is amended to read as follows: S 170.15 Forgery in the first degree. A person is guilty of forgery in the first degree when[, with]: 1. WITH intent to defraud, deceive or injure another, he OR SHE falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: [1.] (A) Part of an issue of money, stamps, securities or other valu- able instruments issued by a government or governmental instrumentality; or [2.] (B) Part of an issue of stock, bonds or other instruments repres- enting interests in or claims against a corporate or other organization or its property[.]; OR (C) A WRITTEN INSTRUMENT OFFICIALLY ISSUED OR CREATED BY A PUBLIC OFFICE, PUBLIC SERVANT OR GOVERNMENTAL INSTRUMENTALITY; OR 2. WITH KNOWLEDGE THAT IT IS FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER, HE OR SHE SELLS ANY FORGED INSTRUMENT OF A KIND SPECIFIED IN SUBDIVISION ONE OF THIS SECTION. Forgery in the first degree is a class C felony. S 5. The penal law is amended by adding a new section 170.26 to read as follows: S 170.26 CRIMINAL POSSESSION OF A FORGED INSTRUMENT; PRESUMPTION. A PERSON WHO POSSESSES TWO OR MORE FORGED INSTRUMENTS OF A KIND SPECI- FIED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15, IDENTIFYING ANOTHER PERSON OR PERSONS, WITH KNOWLEDGE THAT SUCH INSTRUMENTS ARE FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER, SHALL BE PRESUMED TO POSSESS SUCH FORGED INSTRUMENTS WITH INTENT TO SELL THEM IN VIOLATION OF SUBDIVISION TWO OF SECTION 170.15 OF THIS ARTICLE. S 6. Section 170.25 of the penal law is amended to read as follows: S 170.25 Criminal possession of a forged instrument in the second degree. A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he OR SHE utters or possesses any forged instrument of a kind specified in SUBDIVISION ONE OF section 170.10 OR PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 170.15. Criminal possession of a forged instrument in the second degree is a class D felony. S 7. Section 170.30 of the penal law is amended to read as follows: S 170.30 Criminal possession of a forged instrument in the first degree. A person is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent
to defraud, deceive or injure another, he OR SHE utters or possesses any forged instrument of a kind specified in PARAGRAPH (A) OR (B) OF SUBDI- VISION ONE OF section 170.15. Criminal possession of a forged instrument in the first degree is a class C felony. S 8. 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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