Bill Text: NY S01578 | 2009-2010 | General Assembly | Introduced

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Bill Title: Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S01578 Detail]

Download: New_York-2009-S01578-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1578
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 3, 2009
                                      ___________
       Introduced  by Sens. GOLDEN, O. JOHNSON, MORAHAN, SEWARD, VOLKER -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Codes
       AN  ACT  to  amend  the penal law, in relation to criminal use of public
         records
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding two new sections 240.75
    2  and 240.77 to read as follows:
    3  S 240.75 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION.
    4    FOR THE PURPOSES OF SECTION 240.77 OF  THIS  ARTICLE,  "RECORD"  SHALL
    5  HAVE  THE  SAME  MEANING  ASCRIBED  TO  SUCH TERM BY SUBDIVISION FOUR OF
    6  SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW.
    7  S 240.77 CRIMINAL USE OF PUBLIC RECORDS.
    8    A PERSON IS GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN  HE  OR  SHE
    9  INTENTIONALLY  OBTAINS ANY RECORD, WITH THE INTENT TO USE SUCH RECORD IN
   10  THE COMMISSION OF A CRIME, THROUGH THE PROCESS PROVIDED PURSUANT TO  THE
   11  PUBLIC  OFFICERS  LAW,  AND  ATTEMPTS  TO USE OR USES SUCH RECORD IN THE
   12  COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION
   13  OF A CRIME.
   14    CRIMINAL USE OF PUBLIC RECORDS IS A CLASS E FELONY.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  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.
                                                                  LBD06195-01-9