Bill Text: NY S02251 | 2019-2020 | General Assembly | Introduced

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Bill Title: Includes filing certain building permit applications containing false statements regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S02251 Detail]

Download: New_York-2019-S02251-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2251
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 23, 2019
                                       ___________
        Introduced by Sens. HOYLMAN, BAILEY, KRUEGER, PERSAUD, SEPULVEDA -- 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 including  filing  certain
          building  permit  applications  containing  false statements regarding
          tenant occupancy in the offense of offering  a  false  instrument  for
          filing in the first degree
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 175.35 of the penal law, as amended by chapter  490
     2  of the laws of 2013, is amended to read as follows:
     3  § 175.35 Offering a false instrument for filing in the first degree.
     4    A  person  is  guilty of offering a false instrument for filing in the
     5  first degree when:
     6    1. knowing that a written instrument contains  a  false  statement  or
     7  false information, and with intent to defraud the state or any political
     8  subdivision,  public  authority  or  public  benefit  corporation of the
     9  state, he or she offers or presents it to a public office, public  serv-
    10  ant,  public  authority or public benefit corporation with the knowledge
    11  or belief that it will be filed  with,  registered  or  recorded  in  or
    12  otherwise  become  a  part  of the records of such public office, public
    13  servant, public authority or public benefit corporation; or
    14    2. (a) he or she commits the crime of offering a false instrument  for
    15  filing in the second degree; and
    16    (b) such instrument is a financing statement the contents of which are
    17  prescribed by section 9--502 of the uniform commercial code, the collat-
    18  eral  asserted  to  be  covered  in  such statement is the property of a
    19  person who is a state or local officer as defined by section two of  the
    20  public  officers  law  or  who  otherwise  is  a judge or justice of the
    21  unified court system, such financing statement does  not  relate  to  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08558-01-9
        S. 2251                             2
     1  actual  transaction,  and  he  or  she filed such financing statement in
     2  retaliation for the performance of official duties by such person; or
     3    3. with intent to obtain a building permit in violation of an existing
     4  law,  rule  or  regulation,  he  or  she  offers or presents to a public
     5  office, public servant, public authority or public benefit corporation a
     6  building permit application for purposes of demolishing or significantly
     7  renovating a property located in a  city  having  a  population  of  one
     8  million  or  more persons, knowing that such building permit application
     9  contains a false statement or false information regarding the extent  of
    10  the tenant occupancy.
    11    Offering  a false instrument for filing in the first degree is a class
    12  E felony.
    13    § 2. This act shall take effect on the first of November next succeed-
    14  ing the date upon which it shall have become a law.