Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 21, 2010 |
referred to codes delivered to senate passed assembly |
Apr 15, 2010 |
advanced to third reading cal.799 |
Apr 13, 2010 |
reported |
Apr 08, 2010 |
referred to codes |
Assembly Bill A10572
2009-2010 Legislative Session
Sponsored By
HYER-SPENCER
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A10572 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Add ยง440.70, CP L
- Versions Introduced in 2011-2012 Legislative Session:
-
A3457
2009-A10572 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10572 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the filing of a false financing statement PURPOSE: Amends the Criminal Procedure law to require a court to issue and file with the New York Secretary of State a certificate of conviction in cases where a defendant is convicted of a crime involving intentionally filing or causing to be filed a false financing statement under article nine of the uniform commercial code form UCC1 as well as certify that such defendant was listed as the secured party and specify the material filing information relating to such conviction, including the name of the debtor and description of collateral covered by the claim. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends the Crimi- nal Procedure law to require a court to issue and file with the New York Secretary of State a certificate of conviction in cases where a defend- ant is convicted of a crime involving intentionally filing or causing to be filed a false financing statement under article nine of the uniform commercial code form UCC1. Specifically, a court must certify that such defendant was listed as the secured party and specify the material filing information relating to such conviction, including the name of the debtor and description of collateral covered by the claim JUSTIFICATION: This bill provides a remedy for victims subject to false
2009-A10572 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10572 I N A S S E M B L Y April 8, 2010 ___________ Introduced by M. of A. HYER-SPENCER -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to the filing of a false financing statement THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The criminal procedure law is amended by adding a new section 440.70 to read as follows: S 440.70 NOTICE TO THE SECRETARY OF STATE WHEN FALSE FINANCING STATEMENT FILED. UPON CONVICTION OF ANY PERSON FOR A CRIME WHERE THE DEFENDANT INTEN- TIONALLY FILED OR CAUSED TO BE FILED A FINANCING STATEMENT PURSUANT TO ARTICLE NINE OF THE UNIFORM COMMERCIAL CODE ON FORM UCC1 THAT FALSELY CLAIMS THAT A PERSON IS INDEBTED OR OBLIGATED TO SUCH DEFENDANT, THE COURT WHEREIN SUCH CONVICTION IS ENTERED, OR THE CLERK THEREOF, SHALL ISSUE AND CAUSE TO BE FILED A CERTIFICATE WITH THE NEW YORK SECRETARY OF STATE: (A) CERTIFYING THAT A JUDGMENT OF CONVICTION HAS BEEN ENTERED IN SUCH COURT AGAINST THE DEFENDANT WHO WAS LISTED AS THE SECURED PARTY IN SUCH FORM; AND (B) SPECIFYING THE DATE AND LOCATION OF THE FILING, ANY FILING OR INDEXING NUMBER ASSIGNED TO SUCH FILING, THE DEBTOR NAMED IN SUCH STATEMENT, AND A DESCRIPTION OF THE COLLATERAL ENCUMBERED BY THE INSTRUMENT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16760-01-0
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