S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10893
 
                           I N  A S S E M B L Y
 
                               May 25, 2018
                                ___________
 
 Introduced  by M. of A. SMITH -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the judiciary law, in relation  to  feloniously  falsely
   impersonating an attorney
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 485 of the judiciary law, as amended by chapter 492
 of the laws of 2012, is amended to read as follows:
   § 485. Violation of certain preceding sections a misdemeanor.  [Except
 as  provided in section four hundred eighty-five-a of this article, any]
 ANY person violating the provisions of section  [four  hundred  seventy-
 eight,]  four  hundred  seventy-nine,  four hundred eighty, four hundred
 eighty-one, four hundred eighty-two, OR four  hundred  eighty-three  [or
 four hundred eighty-four] of this article[,] shall be guilty of a misde-
 meanor.
   §  2.  Section 485-a of the judiciary law, as amended by chapter 22 of
 the laws of 2013, is amended to read as follows:
   § 485-a. Violation of certain sections a class E  felony.  Any  person
 who violates the provisions of sections four hundred seventy-eight, four
 hundred eighty-four, four hundred eighty-six or four hundred ninety-five
 of  this  article  is  guilty  of a class E felony when he or she[: (1)]
 falsely holds himself or herself out as a person  licensed  to  practice
 law  in this state, a person otherwise permitted to practice law in this
 state, or a person who can provide  services  that  only  attorneys  are
 authorized to provide[; and (2) causes another person to suffer monetary
 loss  or damages exceeding one thousand dollars or other material damage
 resulting from impairment of a legal right to which he or she  is  enti-
 tled].
   §  3.  Section  486 of the judiciary law, as amended by chapter 492 of
 the laws of 2012, is amended to read as follows:
   § 486. Practice of law by attorney who has been disbarred,  suspended,
 or  convicted  of a felony. Any person whose admission to practice as an
 attorney and counselor-at-law has been revoked or who has  been  removed
 from  office  as attorney and counselor-at-law or, being an attorney and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05660-01-7

 A. 10893                            2
 
 counselor-at-law, has been convicted of a felony or has  been  suspended
 from  practice  and has not been duly and regularly reinstated, who does
 any act forbidden by the provisions of this article to be  done  by  any
 person not regularly admitted to practice law in the courts of record of
 this  state,  unless the judgment, decree or order suspending him OR HER
 shall permit such act, shall be guilty of a [misdemeanor  unless  other-
 wise  provided  by  section  four hundred eighty-five-a of this article]
 CLASS E FELONY.
   § 4. Subdivisions 2 and 3 of section 495 of the judiciary law,  subdi-
 vision 2 as added by chapter 1031 of the laws of 1965, and subdivision 3
 as  amended  by  chapter 492 of the laws of 2012, are amended to read as
 follows:
   2. No corporation or voluntary  association  shall  itself  or  by  or
 through  its officers, agents or employees, solicit any claim or demand,
 or [taken] TAKE an assignment thereof, for the purpose  of  representing
 any  person in the pursuit of any civil remedy, nor solicit any claim or
 demand for  the  purpose  of  representing  as  attorney-at-law,  or  of
 furnishing  legal advice, services or counsel to, a person sued or about
 to be sued in any action or proceeding or  against  whom  an  action  or
 proceeding has been or is about to be brought, or who may be affected by
 any  action  or  proceeding  which  has been or may be instituted in any
 court or before any judicial body.
   Nothing herein contained shall affect  any  assignment  heretofore  or
 hereafter  taken by any moneyed corporation authorized to do business in
 the state of New York or its nominee pursuant to a subrogation agreement
 or a salvage operation. Any corporation or voluntary association violat-
 ing the provisions of this subdivision or of  subdivision  one  of  this
 section shall be liable to a fine of not more than five thousand dollars
 and  every  officer, trustee, director, agent or employee of such corpo-
 ration or voluntary association who directly or  indirectly  engages  in
 any  of the acts prohibited in this subdivision or in subdivision one of
 this section or assists such corporation or voluntary association to  do
 such  prohibited  acts  is guilty of a [misdemeanor] CLASS E FELONY. The
 fact that such officer, trustee, director, agent or employee shall be  a
 duly and regularly admitted attorney-at-law, shall not be held to permit
 or allow any such corporation or voluntary association to do the acts so
 prohibited nor shall such fact be a defense upon the trial of any of the
 persons  mentioned  herein  for  a  violation  of the provisions of this
 subdivision or subdivision one of this section.
   3. No voluntary  association  or  corporation  shall  ask  or  receive
 directly  or  indirectly,  compensation  for preparing deeds, mortgages,
 assignments, discharges, leases, or any other instruments affecting real
 estate, wills, codicils, or any other instruments affecting  disposition
 of  property after death or decedents' estates, or pleadings of any kind
 in actions or proceedings of any nature. Any association or  corporation
 violating the provisions of this subdivision is guilty of a [misdemeanor
 unless  otherwise provided by section four hundred eighty-five-a of this
 article] CLASS E FELONY.
   § 5. This act shall take effect immediately.