S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3753
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. GRAF, GARBARINO, MONTESANO, McDONOUGH, McKEVITT,
   RAIA, M. G. MILLER, BUTLER -- Multi-Sponsored by -- M. of A.  BARCLAY,
   CROUCH, HAWLEY, SALADINO -- 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].
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05660-01-7
              

 A. 3753                             2
 
   § 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
 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.