Bill Text: NY A07536 | 2021-2022 | General Assembly | Amended


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: Slight Partisan Bill (Democrat 9-3)

Status: (Engrossed - Dead) 2021-06-10 - substituted by s4516c [A07536 Detail]

Download: New_York-2021-A07536-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7536--B
                                                                   R. R. 260

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 13, 2021
                                       ___________

        Introduced  by  M.  of  A. DINOWITZ, GALEF, CYMBROWITZ, SILLITTI, ENGLE-
          BRIGHT, ZINERMAN, DAVILA, FAHY, MORINELLO, LAWLER,  McDONOUGH,  SANTA-
          BARBARA  --  read  once  and  referred  to  the  Committee on Codes --
          reported and referred to the Committee on Rules -- ordered to a  third
          reading, passed by Assembly and delivered to the Senate, recalled from
          the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
          retaining its place on the special order of  third  reading  --  again
          amended  on special order of third reading, ordered reprinted, retain-
          ing its place on the special order of third reading

        AN ACT to amend the penal law, in relation to making  the  falsification
          of COVID-19 vaccination records a crime

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

     1    Section 1.   Subdivision 1 of section 170.00  of  the  penal  law,  as
     2  amended  by  chapter  514  of  the  laws  of 1986, is amended to read as
     3  follows:
     4    1. "Written instrument" means any  instrument  or  article,  including
     5  computer  data  or  a  computer  program,  containing written or printed
     6  matter or the equivalent thereof, used  for  the  purpose  of  reciting,
     7  embodying,  conveying or recording information, or constituting a symbol
     8  or evidence of value, right, privilege or identification, which is capa-
     9  ble of being used to the advantage or disadvantage of some person.   For
    10  the  purposes of this article,  a card provided to a person by a vaccine
    11  provider indicating the date a person  received  a  vaccination  against
    12  COVID-19,  the type of vaccine and its lot number, and bearing a govern-
    13  ment logo or other indication that  it  is  created  by  a  governmental
    14  instrumentality, shall be considered a written instrument.
    15    §  2.  Subdivision 4 of section 156.25 of the penal law, as amended by
    16  chapter 89 of the laws of 1993, is amended and a new  subdivision  5  is
    17  added to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11314-03-1

        A. 7536--B                          2

     1    4.  he intentionally alters in any manner or destroys computer data or
     2  a computer program so as to cause damages in an aggregate amount exceed-
     3  ing one thousand dollars; or
     4    5. he intentionally alters in any manner or destroys computer material
     5  indicating  that  a  person did or did not receive a vaccination against
     6  COVID-19.
     7    § 3. This act shall take effect immediately.
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