Bill Text: NY A03321 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the crimes of false identification in the first degree and false identification in the second degree, a class E felony and class A misdemeanor respectively.

Spectrum: Moderate Partisan Bill (Democrat 17-4)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A03321 Detail]

Download: New_York-2011-A03321-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3321
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of A. CLARK, PHEFFER, PERRY, ORTIZ, ROBINSON, GALEF,
         GABRYSZAK -- Multi-Sponsored by -- M. of A.  BOYLAND,  CROUCH,  FINCH,
         GOTTFRIED,  HOOPER,  JEFFRIES,  MAGEE,  MAYERSOHN, McDONOUGH, McENENY,
         MOLINARO, SWEENEY, TOWNS, WEISENBERG -- read once and referred to  the
         Committee on Codes
       AN ACT to amend the penal law, in relation to establishing the crimes of
         false identification in the first and second degree
         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 two new sections  190.87
    2  and 190.88 to read as follows:
    3  S 190.87 FALSE IDENTIFICATION IN THE SECOND DEGREE.
    4    A  PERSON IS GUILTY OF FALSE IDENTIFICATION IN THE SECOND DEGREE WHEN,
    5  WITH INTENT TO FACILITATE THE FALSE IDENTIFICATION  OF  ANOTHER  PERSON,
    6  AND  WHICH  FALSE IDENTIFICATION IS IN FURTHERANCE OF VIOLATING, CIRCUM-
    7  VENTING OR OTHERWISE EVADING ANY STATUTORY PROHIBITION  OR  REQUIREMENT,
    8  HE  OR SHE KNOWINGLY MANUFACTURES, DISTRIBUTES, OR SELLS ANY DOCUMENT TO
    9  FACILITATE SUCH FALSE IDENTIFICATION. SUCH  FALSE  IDENTIFICATION  SHALL
   10  INCLUDE,  BUT  NOT  BE  LIMITED  TO,  MISREPRESENTATIONS  REGARDING  THE
   11  PERSON'S ACTUAL NAME OR DATE OF BIRTH.
   12    FALSE IDENTIFICATION IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
   13  S 190.88 FALSE IDENTIFICATION IN THE FIRST DEGREE.
   14    A PERSON IS GUILTY OF FALSE IDENTIFICATION IN THE FIRST  DEGREE  WHEN,
   15  WITH INTENT TO FACILITATE THE FALSE IDENTIFICATION OF A MINOR, AND WHICH
   16  FALSE  IDENTIFICATION  IS  IN FURTHERANCE OF VIOLATING, CIRCUMVENTING OR
   17  OTHERWISE EVADING ANY STATUTORY PROHIBITION OR REQUIREMENT,  HE  OR  SHE
   18  KNOWINGLY MANUFACTURES, DISTRIBUTES, OR SELLS ANY DOCUMENT TO FACILITATE
   19  SUCH  FALSE IDENTIFICATION. SUCH FALSE IDENTIFICATION SHALL INCLUDE, BUT
   20  NOT BE LIMITED TO, MISREPRESENTATIONS REGARDING THE MINOR'S ACTUAL  NAME
   21  OR DATE OF BIRTH.
   22    FALSE IDENTIFICATION IN THE FIRST DEGREE IS A CLASS E FELONY.
   23    S 2. This act shall take effect on the first of November next succeed-
   24  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.
                                                                  LBD06643-01-1