S T A T E O F N E W Y O R K ________________________________________________________________________ 2597 2009-2010 Regular Sessions I N A S S E M B L Y January 21, 2009 ___________ Introduced by M. of A. MARKEY, PHEFFER, MAISEL, GALEF -- Multi-Sponsored by -- M. of A. CHRISTENSEN, GABRYSZAK, JOHN, KOON, LATIMER, MAYER- SOHN, TOWNS, WEISENBERG -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to mailing a false substance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The penal law is amended by adding a new section 240.64 to 2 read as follows: 3 S 240.64 MAILING A FALSE SUBSTANCE IN THE FIRST DEGREE. 4 A PERSON IS GUILTY OF MAILING A FALSE SUBSTANCE IN THE FIRST DEGREE 5 WHEN HE OR SHE CAUSES A COMMUNICATION TO BE INITIATED BY A MAILING OR 6 ANY OTHER FORM OF WRITTEN COMMUNICATION IN A MANNER TO CAUSE ANNOYANCE, 7 INCONVENIENCE OR ALARM BY PLACING IN SAID COMMUNICATION ANY SUBSTANCE 8 WHICH APPEARS TO BE BY ITS CONTENT, APPEARANCE AND CHARACTERISTIC TO BE 9 OF A BIO-CHEMICAL NATURE AND DANGEROUS OR HAZARDOUS TO THE WELL-BEING 10 AND HEALTH OF A PERSON BUT IS, IN FACT AN INOPERATIVE FACSIMILE OR 11 IMITATION OF A BIO-CHEMICAL SUBSTANCE AND IS NOT DANGEROUS OR HAZARDOUS 12 TO THE HEALTH AND WELL-BEING OF ANY PERSON. 13 MAILING A FALSE SUBSTANCE IN THE FIRST DEGREE IS A CLASS E FELONY. 14 S 2. This act shall take effect on the first of November next succeed- 15 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. LBD03044-01-9