Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 |
referred to codes returned to senate died in assembly |
Jun 21, 2017 |
referred to codes delivered to assembly passed senate ordered to third reading cal.2149 committee discharged and committed to rules |
Jan 04, 2017 |
referred to codes |
Senate Bill S113
2017-2018 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2017-S113 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3946
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§165.71, 165.72 & 165.73, ren §165.74 to be §165.75, add §165.74, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S7541
2015-2016: S110, A10642
2019-2020: S597, A918
2021-2022: A61
2017-S113 (ACTIVE) - Sponsor Memo
BILL NUMBER: S113 TITLE OF BILL : An act to amend the penal law, in relation to trademark counterfeiting PURPOSE OR GENERAL IDEA OF BILL : Establishes a new crime of trademark counterfeiting in the fourth degree, and amends the definition and penalty structure for the existing three degrees of trademark counterfeiting. The bill's main aim is to impose a harsher penalty for those who commit trademark counterfeiting in a value in excess of ten thousand dollars. SUMMARY OF SPECIFIC PROVISIONS : Section 1 amends section 165.71 of the penal law to change trademark counterfeiting in the third degree to trademark counterfeiting in the fourth degree, and establishes that trademark counterfeiting in the fourth degree shall be a class A misdemeanor. Section 2 amends section 165.72 of the penal law to change trademark counterfeiting in the second degree to trademark counterfeiting in the third degree. It provides that a person is guilty of trademark counterfeiting in the third degree if the retail value of all counterfeit goods manufactured, distributed, sold, or offered for sale
2017-S113 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 113 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ Introduced by Sen. HOYLMAN -- 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 trademark counterfeiting THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 165.71 of the penal law, as added by chapter 490 of the laws of 1992, is amended to read as follows: § 165.71 Trademark counterfeiting in the [third] FOURTH degree. A person is guilty of trademark counterfeiting in the [third] FOURTH degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods. Trademark counterfeiting in the [third] FOURTH degree is a class A misdemeanor. § 2. Section 165.72 of the penal law, as amended by chapter 535 of the laws of 1995, is amended to read as follows: § 165.72 Trademark counterfeiting in the [second] THIRD degree. A person is guilty of trademark counterfeiting in the [second] THIRD degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing OR INTENDED TO BEAR counterfeit trademarks exceeds one thousand dollars OR THE TOTAL NUMBERS OF ALL SUCH GOODS BEARING COUNTER- FEIT TRADEMARKS EXCEEDS TWO HUNDRED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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