Bill Text: NY A03457 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the filing of a false financing statement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-18 - signed chap.113 [A03457 Detail]

Download: New_York-2011-A03457-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3457
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2011
                                      ___________
       Introduced  by  M.  of  A.  GABRYSZAK  --  read once and referred to the
         Committee on Codes
       AN ACT to amend the criminal procedure law, in relation to the filing of
         a false financing statement
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  criminal  procedure  law  is amended by adding a new
    2  section 440.70 to read as follows:
    3  S 440.70 NOTICE TO THE SECRETARY OF STATE WHEN FALSE FINANCING STATEMENT
    4              FILED.
    5    UPON CONVICTION OF ANY PERSON FOR A CRIME WHERE THE  DEFENDANT  INTEN-
    6  TIONALLY  FILED  OR CAUSED TO BE FILED A FINANCING STATEMENT PURSUANT TO
    7  ARTICLE NINE OF THE UNIFORM COMMERCIAL CODE ON FORM  UCC1  THAT  FALSELY
    8  CLAIMS  THAT  A  PERSON  IS INDEBTED OR OBLIGATED TO SUCH DEFENDANT, THE
    9  COURT WHEREIN SUCH CONVICTION IS ENTERED, OR THE  CLERK  THEREOF,  SHALL
   10  ISSUE AND CAUSE TO BE FILED A CERTIFICATE WITH THE NEW YORK SECRETARY OF
   11  STATE:  (A) CERTIFYING THAT A JUDGMENT OF CONVICTION HAS BEEN ENTERED IN
   12  SUCH COURT AGAINST THE DEFENDANT WHO WAS LISTED AS THE SECURED PARTY  IN
   13  SUCH  FORM;  AND (B) SPECIFYING THE DATE AND LOCATION OF THE FILING, ANY
   14  FILING OR INDEXING NUMBER ASSIGNED TO SUCH FILING, THE DEBTOR  NAMED  IN
   15  SUCH  STATEMENT,  AND  A DESCRIPTION OF THE COLLATERAL ENCUMBERED BY THE
   16  INSTRUMENT.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08406-01-1