Removes requirement that person be informed of the consequences of such act to be guilty of the crime of false personation; raises penalty for false personation from a class B to a class A misdemeanor.
BILL NUMBER: S778
TITLE OF BILL : An act to amend the penal law, in relation to the crime of false personation
PURPOSE : To strengthen the penalty for knowingly misrepresenting an individual's identity to a police officer.
SUMMARY OF PROVISIONS : Section 1: removes the requirement that a person must be informed of the consequences of knowingly misrepresenting himself or herself to a police officer. Therefore, the statute would only require that an individual knowingly misrepresent their identity to a police officer. This legislation changes the crime of false personation from a "B" to an "A" misdemeanor.
EXISTING LAW : A person is guilty of false personation when after being informed of the consequences of the act, he or she knowingly misrepresents his or her identity to a police officer. Currently, this offense is a "B" misdemeanor.
JUSTIFICATION : This legislation removes the unnecessary requirement that an impersonator be informed of the consequences of his or her actions before they may be considered guilty of false personation. Also, the bill stiffens the penalty for such an offense. Stealing a person's identity to avoid prosecution for a crime is a serious offense which warrants severe punishment.
The impetus for this legislation was an incident in Rochester where an arrested individual used an innocent man's identity to conceal his true name and address from the police. It took the innocent man a great deal of time and effort to clear his name of this incident. Under the current law, the false impersonator would receive only up to a $500 fine or three months in prison.
This legislation not only would make it easier to prove that an individual committed this offense but also would provide that the crime of false personation is appropriately punished.
LEGISLATIVE HISTORY : 2007-2008 - Passed Senate
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 778 2009-2010 Regular Sessions IN SENATE January 15, 2009 ___________Introduced by Sen. ALESI -- 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 the crime of false perso- nation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 190.23 of the penal law, as added by chapter 69 of the laws of 1997, is amended to read as follows: S 190.23 False personation. A person is guilty of false personation when
[after being informed of the consequences of such act,]he or she knowingly misrepresents his or her actual name, date of birth or address to a police officer or peace officer with intent to prevent such police officer or peace officer from ascertaining such information. False personation is a class [B]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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01753-01-9