Bill Text: NY A04414 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes presumption that a person who possesses two or more stolen or forged public assistance identification cards knows such cards are either stolen or forged instruments and are intended to defraud, deceive or injure another.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A04414 Detail]

Download: New_York-2011-A04414-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4414
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2011
                                      ___________
       Introduced  by  M.  of  A.  P. RIVERA  -- Multi-Sponsored by -- M. of A.
         GALEF, MAGEE, PHEFFER, SWEENEY  --  read  once  and  referred  to  the
         Committee on Codes
       AN  ACT  to  amend  the penal law, in relation to criminal possession of
         public assistance identification cards
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 165.55 of the penal law is amended by adding a new
    2  subdivision 5 to read as follows:
    3    5. A PERSON WHO POSSESSES TWO OR MORE STOLEN PUBLIC  ASSISTANCE  IDEN-
    4  TIFICATION  CARDS  IS PRESUMED TO KNOW THAT SUCH PUBLIC ASSISTANCE IDEN-
    5  TIFICATION CARDS WERE STOLEN.
    6    S 2. Section 170.27 of the penal law, as amended by chapter 556 of the
    7  laws of 1987, is amended to read as follows:
    8  S 170.27 Criminal possession  of  a  forged  instrument  in  the  second
    9             degree; presumption.
   10    1.  A  person  who  possesses  two or more forged instruments, each of
   11  which purports to be a credit card or debit card,  as  those  terms  are
   12  defined  in  subdivisions  seven  and  seven-a of section 155.00 OF THIS
   13  CHAPTER, is presumed to possess the same with knowledge  that  they  are
   14  forged and with intent to defraud, deceive or injure another.
   15    2.  A  PERSON  WHO  POSSESSES  TWO OR MORE FORGED INSTRUMENTS, EACH OF
   16  WHICH PURPORTS TO BE A PUBLIC ASSISTANCE IDENTIFICATION CARD, AS DEFINED
   17  IN SUBDIVISION NINE OF SECTION ONE  HUNDRED  THIRTY-ONE  OF  THE  SOCIAL
   18  SERVICES  LAW,  IS PRESUMED TO POSSESS THE SAME WITH KNOWLEDGE THAT THEY
   19  ARE FORGED AND WITH INTENT TO DEFRAUD, DECEIVE OR INJURE ANOTHER.
   20    S 3. This act shall take effect on the first of November next succeed-
   21  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.
                                                                  LBD00434-01-1