Bill Text: NY A04046 | 2015-2016 | General Assembly | Introduced

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Bill Title: Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-07-08 - enacting clause stricken [A04046 Detail]

Download: New_York-2015-A04046-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4046
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by M. of A. BROOK-KRASNY, ROBERTS, BORELLI, GRAF, McDONOUGH,
         RAIA -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO,  COOK,  MOSLEY,
         RIVERA,  SCARBOROUGH, SCHIMEL -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the penal law, in relation to  criminal  use  of  public
         records
         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  240.78
    2  and 240.79 to read as follows:
    3  S 240.78 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION.
    4    FOR  THE  PURPOSES  OF  SECTION 240.79 OF THIS ARTICLE, "RECORD" SHALL
    5  HAVE THE SAME MEANING ASCRIBED TO  SUCH  TERM  BY  SUBDIVISION  FOUR  OF
    6  SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW.
    7  S 240.79 CRIMINAL USE OF PUBLIC RECORDS.
    8    A  PERSON  IS GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN HE OR SHE,
    9  WITH THE INTENT TO USE SUCH RECORD IN THE COMMISSION OF A CRIME,  INTEN-
   10  TIONALLY OBTAINS ANY RECORD THROUGH THE PROCESS PROVIDED PURSUANT TO THE
   11  PUBLIC  OFFICERS  LAW  AND  ATTEMPTS  TO  USE OR USES SUCH RECORD IN THE
   12  COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION
   13  OF A CRIME.
   14    CRIMINAL USE OF PUBLIC RECORDS IS A CLASS E FELONY.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  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.
                                                                  LBD07918-01-5