Bill Text: NY A10390 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the crime of coronavirus related fraud; requires sentences for such crime be run consecutively to any crime arising from the same criminal transaction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-05-04 - referred to codes [A10390 Detail]

Download: New_York-2019-A10390-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10390

                   IN ASSEMBLY

                                       May 4, 2020
                                       ___________

        Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the penal law, in relation to establishing the crime  of
          coronavirus related fraud

          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 a new section 190.91  to
     2  read as follows:
     3  § 190.91 Coronavirus related fraud.
     4    A  person  is guilty of coronavirus related fraud when he or she know-
     5  ingly commits or attempts to commit any crime under this title or  title
     6  J  of  this  part and the acts taken to commit or attempt to commit such
     7  crime related to the coronavirus.
     8    Coronavirus related fraud is a class A misdemeanor.
     9    § 2. Section 70.25 of the penal law is amended by adding a new  subdi-
    10  vision 2-h to read as follows:
    11    2-h.  Whenever  a  person is convicted of coronavirus related fraud as
    12  defined in section 190.91 of this chapter, the sentence imposed  by  the
    13  court  for  such  offense  shall  be ordered to run consecutively to any
    14  sentence imposed upon conviction of an offense defined  in  title  K  or
    15  title J of this chapter arising from the same criminal transaction.
    16    § 3. The penal law is amended by adding a new section 80.20 to read as
    17  follows:
    18  § 80.20 Special fines.
    19    Notwithstanding  this article, whenever a person is convicted of coro-
    20  navirus related fraud as defined in section 190.91 of this chapter,  the
    21  sentence  to  pay  a fine shall be a sentence to pay an amount, fixed by
    22  the court, not exceeding the higher of:
    23    1. double the highest fine the court  could  impose  for  any  of  the
    24  convictions  under  this article for any crimes under title K or title J
    25  of this chapter arising from the same criminal transaction as the  coro-
    26  navirus related fraud; or
    27    2.  the highest fine the court could impose for any of the convictions
    28  under this article.
    29    § 4. This act shall take effect on the first of November next succeed-
    30  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.
                                                                   LBD16058-01-0
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