Bill Text: NY S04726 | 2011-2012 | General Assembly | Introduced

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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; designates such impersonation as a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-05-31 - referred to codes [S04726 Detail]

Download: New_York-2011-S04726-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4726
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2011
                                      ___________
       Introduced  by  Sen. KENNEDY -- 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 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
   21    4. Impersonates another by communication by internet website or  elec-
   22  tronic means with intent to obtain a benefit or injure or defraud anoth-
   23  er, or by such communication pretends to be a public servant in order to
   24  induce  another  to  submit to such authority or act in reliance on such
   25  pretense[.]; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00664-01-1
       S. 4726                             2
    1    5. PRETENDS TO BE A DISABLED VETERAN VENDOR, OR CARRIES  OR  POSSESSES
    2  WITHOUT  AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED VEND-
    3  ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
    4  AL BUSINESS LAW ANY FORM OF  INSIGNIA  OR  IDENTIFICATION  OR  FACSIMILE
    5  THEREOF,  OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE OR
    6  SHE IS A DISABLED VETERAN VENDOR.
    7    Criminal impersonation in the second degree is a class A misdemeanor.
    8    S 2. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.