Bill Text: NY A06151 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to health [A06151 Detail]

Download: New_York-2021-A06151-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6151

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law and the penal law, in relation  to
          prohibiting the falsification of COVID-19 vaccination records

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2183 to read as follows:
     3    § 2183. Falsifying of COVID-19 vaccination records. 1. For purposes of
     4  this section, the following terms shall have the following meanings:
     5    (a)  "COVID-19  vaccination  record  card" shall mean a card or record
     6  given to an individual after they have received a COVID-19 vaccine which
     7  keeps track of vital vaccination information, including, but not limited
     8  to, the date in which the first and second  dose  of  the  vaccine  were
     9  administered to such individual and the type of vaccine received.
    10    (b)  "Digital vaccine passport" shall mean a system accessed through a
    11  mobile application which provides certified COVID-19 health  information
    12  from  medical facilities about an individual and is shared with airlines
    13  and border authorities as a method  of  protecting  public  health  when
    14  traveling.
    15    2.  No  individual  shall  intentionally  falsify  or alter a COVID-19
    16  vaccination record card or digital vaccine passport to misrepresent such
    17  individual's history and record of vaccine treatment. Such falsification
    18  or fraudulent misrepresentation of an individual's vaccine history shall
    19  be a crime pursuant to sections 190.90 and 190.91 of the penal law.
    20    § 2. The penal law is amended by adding two new  sections  190.90  and
    21  190.91 to read as follows:
    22  § 190.90 Falsification  of  COVID-19  vaccination  records in the second
    23             degree.
    24    A person is guilty of falsification of COVID-19 vaccination records in
    25  the second degree when such person is not  a  licensed  medical  profes-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07421-04-1
        A. 6151                             2

     1  sional  and intentionally or knowingly falsifies or alters his or her or
     2  another individual's COVID-19 vaccination record card or digital vaccine
     3  passport to misrepresent his or her or another individual's history  and
     4  record of vaccine treatment.
     5    Falsification  of COVID-19 vaccination records in the second degree is
     6  a class A misdemeanor.
     7  § 190.91 Falsification of COVID-19  vaccination  records  in  the  first
     8             degree.
     9    A person is guilty of falsification of COVID-19 vaccination records in
    10  the first degree when such person is a licensed medical professional and
    11  intentionally  or  knowingly  falsifies  or alters his or her or another
    12  individual's COVID-19 vaccination record card or digital  vaccine  pass-
    13  port  to  misrepresent  his  or  her or another individual's history and
    14  record of vaccine treatment.
    15    Falsification of COVID-19 vaccination records in the first degree is a
    16  class E felony.
    17    § 3. This act shall take effect immediately.