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

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6151--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 10, 2021
                                       ___________

        Introduced  by  M. of A. FAHY -- read once and referred to the Committee
          on Health -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee

        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 as well as the type of vaccine and  its  lot  number  shall  be
    13  considered a written instrument.
    14    §  2. Section 156.25 of the penal law, as amended by chapter 89 of the
    15  laws of 1993, subdivision 2 as amended by chapter 376  of  the  laws  of
    16  1997, is amended to read as follows:
    17  § 156.25 Computer tampering in the third degree.
    18    A  person  is guilty of computer tampering in the third degree when he
    19  or she commits the crime of computer tampering in the fourth degree and:
    20    1. he or she does so with an intent to commit or attempt to commit  or
    21  further the commission of any felony; or
    22    2.  he  or  she  has been previously convicted of any crime under this
    23  article or subdivision eleven of section 165.15 of this chapter; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07421-07-1
        A. 6151--A                          2

     1    3. he or she intentionally alters in any manner or  destroys  computer
     2  material; or
     3    4.  he  or she intentionally alters in any manner or destroys computer
     4  data or a computer program so as to cause damages in an aggregate amount
     5  exceeding one thousand dollars; or
     6    5. he or she intentionally alters in any manner or  destroys  computer
     7  material  indicating  that a person did or did not receive a vaccination
     8  against COVID-19.
     9    Computer tampering in the third degree is a class E felony.
    10    § 3. This act shall take effect immediately.