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

                                  5232

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sens. FUSCHILLO, JOHNSON, LARKIN, MAZIARZ, RANZENHOFER --
  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 false personation and
  impersonation committed to gain admission to a transportation facility
  or public place and impersonation of a pilot or member of an  aviation
  flight  or ground crew; and in relation to including theft of an offi-
  cial law enforcement or fire department identification under the crime
  of grand larceny in the third degree

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The section heading of section 190.00 of the penal law is
amended and two new subdivisions 8 and 9 are added to read as follows:
  [Issuing a bad check] OTHER FRAUDS; definitions of terms.
  8. "PUBLIC PLACE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED  TO  SUCH
TERM BY SUBDIVISION ONE OF SECTION 240.00 OF THIS PART.
  9.  "TRANSPORTATION  FACILITY"  SHALL  HAVE  THE  SAME  MEANING  AS IS
ASCRIBED TO SUCH TERM BY SUBDIVISION TWO OF SECTION 240.00 OF THIS PART.
  S 2. The penal law is amended by adding a new section 190.24  to  read
as follows:
S 190.24 FALSE PERSONATION AT A TRANSPORTATION FACILITY OR PUBLIC PLACE.
  A  PERSON  IS GUILTY OF FALSE PERSONATION AT A TRANSPORTATION FACILITY
OR PUBLIC PLACE WHEN HE OR SHE KNOWINGLY MISREPRESENTS HIS OR HER ACTUAL
NAME, DATE OF BIRTH OR ADDRESS TO ANOTHER  PERSON  WITH  THE  INTENT  TO
OBTAIN ADMITTANCE INTO OR UPON THAT PORTION OF A TRANSPORTATION FACILITY
OR PUBLIC PLACE, ADMISSION TO WHICH REQUIRES PROOF OF IDENTITY.
  FALSE  PERSONATION  AT  A TRANSPORTATION FACILITY OR PUBLIC PLACE IS A
CLASS E FELONY.
  S 3. Section 190.26 of the penal law, as amended by chapter 2  of  the
laws  of  1998,  subdivision  1 as amended by chapter 434 of the laws of
2008, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00101-01-1
              

S. 5232                             2

S 190.26 Criminal impersonation in the first degree.
  A  person is guilty of criminal impersonation in the first degree when
he OR SHE:
  1. (A) Pretends to be a police officer or a  federal  law  enforcement
officer  as enumerated in section 2.15 of the criminal procedure law, or
wears or displays without authority, any uniform, badge or other  insig-
nia  or  facsimile  thereof, by which such police officer or federal law
enforcement officer is lawfully distinguished or expresses by his or her
words or actions that he or she is acting with the approval or authority
of any police department or acting as a federal law enforcement  officer
with  the  approval  of  any agency that employs federal law enforcement
officers as enumerated in section 2.15 of the  criminal  procedure  law;
and
  [2.]  (B)  So  acts  with  intent  to induce another to submit to such
pretended official authority or otherwise to act in reliance  upon  said
pretense  and  in  the  course  of  such pretense commits or attempts to
commit a felony; or
  [3.] 2. Pretending to be a duly licensed  physician  or  other  person
authorized  to  issue  a  prescription for any drug or any instrument or
device used in  the  taking  or  administering  of  drugs  for  which  a
prescription  is  required  by law, communicates to a pharmacist an oral
prescription which is required to be  reduced  to  writing  pursuant  to
section thirty-three hundred thirty-two of the public health law[.]; OR
  3. IMPERSONATES ANOTHER AND DOES AN ACT IN SUCH ASSUMED CHARACTER WITH
INTENT  TO  OBTAIN ADMITTANCE INTO OR UPON THAT PORTION OF A TRANSPORTA-
TION FACILITY OR PUBLIC PLACE, ADMISSION  TO  WHICH  REQUIRES  PROOF  OF
IDENTITY.
  Criminal impersonation in the first degree is a class E felony.
  S 4. Section 155.35 of the penal law, as amended by chapter 464 of the
laws of 2010, is amended to read as follows:
S 155.35 Grand larceny in the third degree.
  A person is guilty of grand larceny in the third degree when he or she
steals property and:
  1.  when  the value of the property exceeds three thousand dollars[,];
or
  2. the property is an automated teller machine or the contents  of  an
automated teller machine; OR
  3.  THE  PROPERTY  CONSISTS  OF  AN  OFFICIAL  LAW ENFORCEMENT OR FIRE
DEPARTMENT IDENTIFICATION ISSUED BY A FEDERAL, STATE  OR  MUNICIPAL  LAW
ENFORCEMENT AGENCY OR FIRE DEPARTMENT.
  Grand larceny in the third degree is a class D felony.
  S 5. Section 190.25 of the penal law is amended by adding a new subdi-
vision 5 to read as follows:
  5. WHEN UPON AN AIRCRAFT OR IN AN AIRPORT, PRETENDS TO BE A PILOT OR A
MEMBER  OF  AN  AVIATION  FLIGHT  OR  GROUND CREW, OR WEARS, DISPLAYS OR
POSSESSES WITHOUT AUTHORITY, ANY UNIFORM, BADGE,  INSIGNIA,  IDENTIFICA-
TION  OR  FACSIMILE  THEREOF  BY WHICH SUCH PILOT, FLIGHT OR GROUND CREW
MEMBER IS DISTINGUISHED; OR FALSELY EXPRESSES BY HIS  OR  HER  WORDS  OR
ACTIONS THAT HE OR SHE IS A PILOT OR FLIGHT OR GROUND CREW MEMBER, OR IS
ACTING WITH THE APPROVAL OR AUTHORITY OF ANY AIRLINE, AIRPORT, TRANSPOR-
TATION AUTHORITY OR AVIATION REGULATORY AGENCY.
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.