Bill Text: NY A07639 | 2009-2010 | 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: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A07639 Detail]

Download: New_York-2009-A07639-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7639
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 17, 2009
                                      ___________
       Introduced  by  M.  of  A.  P. RIVERA  -- Multi-Sponsored by -- M. of A.
         CALHOUN, 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, is presumed
   13  to  possess the same with knowledge that they are forged and with intent
   14  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.
                                                                  LBD10714-01-9