Bill S759-2013

Creates class E felony of false personation at a transportation facility or public place for the knowing misrepresentation of personal information to gain access

Creates class E felony of false personation at a transportation facility or public place as the knowing misrepresentation of one's name, address or date of birth to another person with intent to gain access to that portion of a public place or transportation facility, admission to which requires proof of identity; includes within the class E felony of criminal impersonation in the first degree the impersonation of another person with intent to gain access to that portion of a public place or transportation facility, admission to which requires proof of identity.

Details

Actions

  • Mar 6, 2013: referred to codes
  • Mar 6, 2013: DELIVERED TO ASSEMBLY
  • Mar 6, 2013: PASSED SENATE
  • Mar 5, 2013: ADVANCED TO THIRD READING
  • Mar 4, 2013: 2ND REPORT CAL.
  • Feb 28, 2013: 1ST REPORT CAL.119
  • Jan 9, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Feb 28, 2013
Ayes (14): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Sampson, O'Brien
Ayes W/R (2): Espaillat, Hoylman

Memo

BILL NUMBER:S759

TITLE OF BILL: An act to amend the penal law, in relation to false personation and impersonation committed to gain admission to a transportation facility or public place and impersonation of a pilot or member of an aviation flight or ground crew; and in relation to including theft of an official law enforcement or fire department identification under the crime of grand larceny in the third degree

PURPOSE: To establish the class E felony of false personation at a transportation facility or public place, and the class E felony of criminal impersonation at a transportation facility or public place. This legislation Includes stolen official law enforcement or fire department identification under the crime of grand larceny in the third degree, a more appropriate charge than a monetary-value based charge. Also establishes a criminal offense to address impersonation of a pilot, as well as impersonation of a flight or ground crew member.

SUMMARY OF PROVISIONS: Section 1 of this bill would amend § 190.00 of the penal law to define "public place" and "transportation facility." §2 would add a new 190.24 to establish a new class E felony of false personation at a transportation facility or public place. A person would be guilty of this offense when he or she knowingly misrepresents his or her actual name, date of birth or address to another person with the intent to obtain admittance into or upon that part of a transportation facility or public place which requires proof of identity to enter.

§3 of the bill would amend § 190.26 of the penal law to include within the class E felony of criminal impersonation in the second degree, a person who impersonates another and does an act in such assumed character with intent to obtain admittance into or upon that part of a transportation facility or public place which requires proof of identity to enter.

Section 4. amends § 155.35 of the penal law to include within Grand Larceny in the Third Degree stolen property which consists of an official law enforcement or fire department identification issued by a federal, state or municipal law enforcement agency or fire department.

Section 5. amends § 190.25 of the penal law by adding a new subdivision 4, which would include within Criminal Impersonation in the Second Degree persons pretending to be a pilot, or flight or ground crew member, while upon an aircraft or in an airport.

Section 6. Is the effective date.

JUSTIFICATION: Since the tragedy of September 11th, 2001 security at airports has been dramatically heightened to increase the safety of the passengers and our nation. With nearly 34.8 million passengers traveling through

New York airports in 1999 and that figure steadily increasing, it is important to ensure that the credentials of the people with access to the most secure areas of airliners and airports are authentic. While federal agencies exercise jurisdiction over many aspects of air travel, the security of the airports and grounds are largely the responsibility of state and local law enforcement personnel. For people stopped at the airport with fake pilot or crew uniforms or ID, there is no appropriate charge. Thus, in order to effectively deter pilot or crew impersonation, the penal law should be updated to reflect the recognized risk of pilot or crew impersonation.

Also, the maximum penalty under current law for use of false identification to obtain entrance to an airport or public building, where proof of identification is required, is a class A misdemeanor. The need for heightened security at our airports and public buildings has brought about a corresponding need to increase the severity of penalties for offenses involving the use of false identification document to obtain entrance to these places. Current law penalties have not been increased to reflect the more serious nature of these fraudulent acts. This bill will increase the penalty from the current level of a class A misdemeanor to a class E felony.

In addition, What is a police badge worth to someone who is not a police officer? In the current climate of heightened security and awareness of safety issues, it is a critical question. Hundreds of police and fire department badges and IDs are stolen across the country each year. These forms of identification can become a tremendous danger to society if obtained for nefarious use.

These government issued IDs could allow a person to impersonate legitimate law enforcement and public safety personnel and gain access to certain high security areas and effectively avoid close scrutiny in many secure situations.

Currently, there is no value enhancement to these IDs, so they may only be charged based upon their nominal monetary value, not their actual value, The New York State Penal Law recognizes value enhancements when the stolen item is of far greater import than its nominal cost, but does not currently address police and fire identification.

In addition, psychologists have shown that people often accept the authority of a person in uniform without question, which obviously presents a problem if the person wearing a uniform is doing so fraudulently. Given the widespread, limited oversight access to equipment that could be used to damage property or cause loss of life that legitimate personnel have, it is clear that we must ensure that legitimate, properly credentialed personnel alone are permitted to enter secure areas.

LEGISLATIVE HISTORY: 2011-2012 Passed the Senate (S.5232)

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1 after enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 759 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FUSCHILLO, GALLIVAN, LARKIN, MAZIARZ -- 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 false personation and impersonation committed to gain admission to a transportation facility or public place and impersonation of a pilot or member of an aviation flight or ground crew; and in relation to including theft of an offi- cial law enforcement or fire department identification under the crime of grand larceny in the third degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The section heading of section 190.00 of the penal law is amended and two new subdivisions 8 and 9 are added to read as follows: [Issuing a bad check] OTHER FRAUDS; definitions of terms. 8. "PUBLIC PLACE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY SUBDIVISION ONE OF SECTION 240.00 OF THIS PART. 9. "TRANSPORTATION FACILITY" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM BY SUBDIVISION TWO OF SECTION 240.00 OF THIS PART. S 2. The penal law is amended by adding a new section 190.24 to read as follows: S 190.24 FALSE PERSONATION AT A TRANSPORTATION FACILITY OR PUBLIC PLACE. A PERSON IS GUILTY OF FALSE PERSONATION AT A TRANSPORTATION FACILITY OR PUBLIC PLACE WHEN HE OR SHE KNOWINGLY MISREPRESENTS HIS OR HER ACTUAL NAME, DATE OF BIRTH OR ADDRESS TO ANOTHER PERSON WITH THE INTENT TO OBTAIN ADMITTANCE INTO OR UPON THAT PORTION OF A TRANSPORTATION FACILITY OR PUBLIC PLACE, ADMISSION TO WHICH REQUIRES PROOF OF IDENTITY. FALSE PERSONATION AT A TRANSPORTATION FACILITY OR PUBLIC PLACE IS A CLASS E FELONY.
S 3. Section 190.26 of the penal law, as amended by chapter 2 of the laws of 1998, subdivision 1 as amended by chapter 434 of the laws of 2008, is amended to read as follows: S 190.26 Criminal impersonation in the first degree. A person is guilty of criminal impersonation in the first degree when he OR SHE: 1. (A) Pretends to be a police officer or a federal law enforcement officer as enumerated in section 2.15 of the criminal procedure law, or wears or displays without authority, any uniform, badge or other insig- nia or facsimile thereof, by which such police officer or federal law enforcement officer is lawfully distinguished or expresses by his or her words or actions that he or she is acting with the approval or authority of any police department or acting as a federal law enforcement officer with the approval of any agency that employs federal law enforcement officers as enumerated in section 2.15 of the criminal procedure law; and [2.] (B) So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony; or [3.] 2. Pretending to be a duly licensed physician or other person authorized to issue a prescription for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law, communicates to a pharmacist an oral prescription which is required to be reduced to writing pursuant to section thirty-three hundred thirty-two of the public health law[.]; OR 3. IMPERSONATES ANOTHER AND DOES AN ACT IN SUCH ASSUMED CHARACTER WITH INTENT TO OBTAIN ADMITTANCE INTO OR UPON THAT PORTION OF A TRANSPORTA- TION FACILITY OR PUBLIC PLACE, ADMISSION TO WHICH REQUIRES PROOF OF IDENTITY. Criminal impersonation in the first degree is a class E felony. S 4. Section 155.35 of the penal law, as amended by chapter 464 of the laws of 2010, is amended to read as follows: S 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he or she steals property and: 1. when the value of the property exceeds three thousand dollars[,]; or 2. the property is an automated teller machine or the contents of an automated teller machine; OR 3. THE PROPERTY CONSISTS OF AN OFFICIAL LAW ENFORCEMENT OR FIRE DEPARTMENT IDENTIFICATION ISSUED BY A FEDERAL, STATE OR MUNICIPAL LAW ENFORCEMENT AGENCY OR FIRE DEPARTMENT. Grand larceny in the third degree is a class D felony. S 5. Section 190.25 of the penal law is amended by adding a new subdi- vision 5 to read as follows: 5. WHEN UPON AN AIRCRAFT OR IN AN AIRPORT, PRETENDS TO BE A PILOT OR A MEMBER OF AN AVIATION FLIGHT OR GROUND CREW, OR WEARS, DISPLAYS OR POSSESSES WITHOUT AUTHORITY, ANY UNIFORM, BADGE, INSIGNIA, IDENTIFICA- TION OR FACSIMILE THEREOF BY WHICH SUCH PILOT, FLIGHT OR GROUND CREW MEMBER IS DISTINGUISHED; OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR SHE IS A PILOT OR FLIGHT OR GROUND CREW MEMBER, OR IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY AIRLINE, AIRPORT, TRANSPOR- TATION AUTHORITY OR AVIATION REGULATORY AGENCY. S 6. 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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