Bill Text: NY S00371 | 2013-2014 | General Assembly | Amended


Bill Title: Provides that impersonation of a disabled veteran vendor, by carrying or possessing a specialized vending license without authority or any form of insignia or by words or actions is a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2014-06-17 - referred to codes [S00371 Detail]

Download: New_York-2013-S00371-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        371--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. KENNEDY, KRUEGER, SAMPSON -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes --
         recommitted to the Committee on Codes in accordance with  Senate  Rule
         6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the penal law, in relation to criminal impersonation  of
         a disabled veteran vendor
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 190.25 of the penal law, the section heading, open-
    2  ing paragraph, subdivision 3 and closing paragraph as amended by chapter
    3  27 of the laws of 1980, subdivision 4 as added by  chapter  304  of  the
    4  laws of 2008, is amended to read as follows:
    5  S 190.25 Criminal impersonation in the second degree.
    6    A person is guilty of criminal impersonation in the second degree when
    7  he OR SHE:
    8    1. Impersonates another and does an act in such assumed character with
    9  intent to obtain a benefit or to injure or defraud another; or
   10    2.  Pretends to be a representative of some person or organization and
   11  does an act in such pretended capacity with intent to obtain  a  benefit
   12  or to injure or defraud another; or
   13    3.  (a)  Pretends to be a public servant, or wears or displays without
   14  authority any uniform, badge, insignia or  facsimile  thereof  by  which
   15  such  public  servant is lawfully distinguished, or falsely expresses by
   16  his OR HER words or actions that he OR SHE is a  public  servant  or  is
   17  acting  with approval or authority of a public agency or department; and
   18  (b) so acts with intent to induce another to submit  to  such  pretended
   19  official  authority,  to  solicit funds or to otherwise cause another to
   20  act in reliance upon that pretense; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02426-02-4
       S. 371--A                           2
    1    4. Impersonates another by communication by internet website or  elec-
    2  tronic means with intent to obtain a benefit or injure or defraud anoth-
    3  er, or by such communication pretends to be a public servant in order to
    4  induce  another  to  submit to such authority or act in reliance on such
    5  pretense[.]; OR
    6    5.  PRETENDS  TO BE A DISABLED VETERAN VENDOR, OR CARRIES OR POSSESSES
    7  WITHOUT AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED  VEND-
    8  ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
    9  AL  BUSINESS  LAW  ANY  FORM  OF INSIGNIA OR IDENTIFICATION OR FACSIMILE
   10  THEREOF, OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE  OR
   11  SHE  IS  A DISABLED VETERAN VENDOR WITH INTENT TO OBTAIN A BENEFIT OR TO
   12  INJURE OR DEFRAUD ANOTHER.
   13    Criminal impersonation in the second degree is a class A misdemeanor.
   14    S 2. This act shall take effect on the first of November next succeed-
   15  ing the date on which it shall have become a law.
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