Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 03, 2009 |
referred to codes |
Senate Bill S1578
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, Ind, WF) Senate District
(R, C, IP, RFM) Senate District
2009-S1578 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยงยง240.75 & 240.77, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S2168
2013-2014: S2748
2015-2016: S3225
2009-S1578 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1578 TITLE OF BILL : An act to amend the penal law, in relation to criminal use of public records PURPOSE : To create a new category of crime for the use of government documents for the purpose of advancing criminal activity.z SUMMARY OF PROVISIONS : Section one amends the penal law to provide that the use of public records for the purposes of committing a crime shall be a Class E felony. JUSTIFICATION : The Freedom of Information Law (FOIL) is based on the ideal that "a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions." It was this idea of open access to government documents that has, unfortunately, come under abuse by convicts and others with questionable and/or harmful motives. Recently, there has been an increase in instances where unscrupulous individuals use FOIL to gain personal data on unsuspecting citizens. The crime of identity theft is all the more offensive when government document are used, because the perpetrators are abusing a freedom we all enjoy. The use
2009-S1578 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1578 2009-2010 Regular Sessions I N S E N A T E February 3, 2009 ___________ Introduced by Sens. GOLDEN, O. JOHNSON, MORAHAN, SEWARD, VOLKER -- 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 use of public records THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding two new sections 240.75 and 240.77 to read as follows: S 240.75 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION. FOR THE PURPOSES OF SECTION 240.77 OF THIS ARTICLE, "RECORD" SHALL HAVE THE SAME MEANING ASCRIBED TO SUCH TERM BY SUBDIVISION FOUR OF SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW. S 240.77 CRIMINAL USE OF PUBLIC RECORDS. A PERSON IS GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN HE OR SHE INTENTIONALLY OBTAINS ANY RECORD, WITH THE INTENT TO USE SUCH RECORD IN THE COMMISSION OF A CRIME, THROUGH THE PROCESS PROVIDED PURSUANT TO THE PUBLIC OFFICERS LAW, AND ATTEMPTS TO USE OR USES SUCH RECORD IN THE COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION OF A CRIME. CRIMINAL USE OF PUBLIC RECORDS IS A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- 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. LBD06195-01-9
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