S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1640

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. BING, PHEFFER, JOHN, SCHROEDER, SCHIMEL, ESPAIL-
  LAT -- Multi-Sponsored by -- M.  of  A.  ABBATE,  CHRISTENSEN,  CLARK,
  GABRYSZAK, GUNTHER, HIKIND, HOOPER, JAFFEE, LATIMER, LAVINE, V. LOPEZ,
  LUPARDO,  MAGEE,  MAYERSOHN,  McENENY,  REILLY,  SCARBOROUGH, SWEENEY,
  WALKER, WEISENBERG -- read once and referred 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:

  Section 1. Section 190.25 of the penal law, the section heading, open-
ing paragraph, subdivision 3 and closing paragraph as amended by chapter
27 of the laws of 1980, subdivision 4 as added by  chapter  304  of  the
laws of 2008, is amended to read as follows:
S 190.25 Criminal impersonation in the second degree.
  A person is guilty of criminal impersonation in the second degree when
he OR SHE:
  1. Impersonates another and does an act in such assumed character with
intent to obtain a benefit or to injure or defraud another; or
  2.  Pretends to be a representative of some person or organization and
does an act in such pretended capacity with intent to obtain  a  benefit
or to injure or defraud another; or
  3.  (a)  Pretends to be a public servant, or wears or displays without
authority any uniform, badge, insignia or  facsimile  thereof  by  which
such  public  servant is lawfully distinguished, or falsely expresses by
his OR HER words or actions that he OR SHE is a  public  servant  or  is
acting  with approval or authority of a public agency or department; and
(b) so acts with intent to induce another to submit  to  such  pretended
official  authority,  to  solicit funds or to otherwise cause another to
act in reliance upon that pretense; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02931-01-9
              

A. 1640                             2

  4. Impersonates another by communication by internet website or  elec-
tronic means with intent to obtain a benefit or injure or defraud anoth-
er, or by such communication pretends to be a public servant in order to
induce  another  to  submit to such authority or act in reliance on such
pretense[.]; OR
  5.  PRETENDS  TO BE A DISABLED VETERAN VENDOR, OR CARRIES OR POSSESSES
WITHOUT AUTHORITY OF THE OFFICIAL DESIGNATED TO ISSUE SPECIALIZED  VEND-
ING LICENSES UNDER THE PROVISIONS OF SECTION THIRTY-FIVE-A OF THE GENER-
AL  BUSINESS  LAW  ANY  FORM  OF INSIGNIA OR IDENTIFICATION OR FACSIMILE
THEREOF, OR FALSELY EXPRESSES BY HIS OR HER WORDS OR ACTIONS THAT HE  OR
SHE IS A DISABLED VETERAN VENDOR.
  Criminal impersonation in the second degree is a class A misdemeanor.
  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.