NY State Senate Bill 2011-S6354

Archive: Last Bill Status Via A3457 - Signed by Governor

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 18, 2012	signed chap.113
Jul 06, 2012	delivered to governor
May 16, 2012	returned to assembly passed senate 3rd reading cal.648 substituted for s6354
May 16, 2012	substituted by a3457
May 07, 2012	advanced to third reading
May 02, 2012	2nd report cal.
May 01, 2012	1st report cal.648
Jan 31, 2012	referred to codes

Votes

- May 16, 2012 - Floor Vote
  A3457
  
  56
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 16, 2012
      
      aye (56)
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (5)
      
      Adams
      
      Espaillat
      
      Marcellino
      
      Peralta
      
      Smith
  May 1, 2012 - Codes Committee Vote
  S6354
  
  15
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: May 1, 2012
      
      aye (15)
      
      DeFrancisco
      
      Duane
      
      Espaillat
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Huntley
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Perkins
      
      Saland
      
      Squadron
      
      nay (1)
      
      Parker

2011-S6354 (ACTIVE) - Details

See Assembly Version of this Bill:: A3457
Law Section:: Criminal Procedure Law
Laws Affected:: Add §440.70, CP L
Versions Introduced in 2009-2010 Legislative Session:: A10572

2011-S6354 (ACTIVE) - Summary

Relates to the filing of a false financing statement.

2011-S6354 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6354

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the filing of a
false financing statement

PURPOSE OR GENERAL IDEA OF BILL:
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
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. 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 financing statements filed against them pursuant to article
nine of the uniform commercial code UCC1 form which wrongfully claim
that such victim is indebted or obligated to a defendant, or secured
party, in a criminal action. The effect of a false financing
statement can be damage to a victim's credit. Currently, when a
victim believes a false financing statement has been filed against
him or her, a victim can file a correction statement with the
Secretary of State which records the UCC1 forms. This bill would
assist victims in proving that a financing statement was bogus or
false with a certification filed with the Secretary of State by a
court where a conviction has been entered certifying that criminal
conviction was entered against a particular defendant, or secured
party, and the specific filing information related to the victim's
false financing statement.

PRIOR LEGISLATIVE HISTORY:
A.10572 of 2010.

FISCAL IMPLICATIONS:

None to New York State.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S6354 (ACTIVE) - Bill Text download pdf

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

                                  6354

                            I N  S E N A T E

                            January 31, 2012
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD08406-01-1

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Senate Bill S6354

Sponsored By

Archive: Last Bill Status Via A3457 - Signed by Governor

May 16, 2012 - Floor Vote

Floor Vote: May 16, 2012

May 1, 2012 - Codes Committee Vote

Codes Committee Vote: May 1, 2012

2011-S6354 (ACTIVE) - Details

2011-S6354 (ACTIVE) - Summary

2011-S6354 (ACTIVE) - Sponsor Memo

2011-S6354 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6354

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Sponsored By

Mark Grisanti

Archive: Last Bill Status Via A3457 - Signed by Governor

2011-S6354 (ACTIVE) - Details

2011-S6354 (ACTIVE) - Summary

2011-S6354 (ACTIVE) - Sponsor Memo

2011-S6354 (ACTIVE) - Bill Text download pdf

Comments