NY State Senate Bill 2019-S597

Archive: Last Bill Status - In Senate Committee Codes Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
Jan 09, 2019	referred to codes

2019-S597 (ACTIVE) - Details

See Assembly Version of this Bill:: A918
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §§165.71, 165.72 & 165.73, ren §165.74 to be §165.75, add §165.74, Pen L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7541
2015-2016: S110, A10642
2017-2018: S113, A3946
2021-2022: A61

2019-S597 (ACTIVE) - Summary

Relates to trademark counterfeiting.

2019-S597 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S597

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to trade-
mark counterfeiting

 
PURPOSE OR GENERAL IDEA OF BILL:

Establishes a new crime of trademark counterfeiting in the fourth
degree, and amends the definition and penalty structure for the exi
sting three degrees of trademark counterfeiting. The bill's main aim is
to impose a harsher penalty for those who commit trademark co unterfeit-
ing in a value in excess of ten thousand dollars.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 165.71 of the penal law to change trademark
counterfeiting in the third degree to trademark counterfeiting i n the
fourth degree, and establishes that trademark counterfeiting in the
fourth degree shall be a class A misdemeanor.

Section 2 amends section 165.72 of the penal law to change trademark
counterfeiting in the second degree to trademark counterfeiting in the
third degree. It provides that a person is guilty of trademark counter-
feiting in the third degree if the retail value of all c ounterfeit
goods manufactured, distributed, sold, or offered for sale by this
person exceeds one thousand dollars or the total number of all counter-
feit goods exceeds two hundred. It also establishes that trademark coun-
terfeiting in the third degree shall be a class E felony.

Section 3 amends section 165.73 of the penal law to change trademark
counterfeiting in the first degree to trademark counterfeiting i n the
second degree. It provides that a person is guilty of trademark counter-
feiting in the third degree if the retail value of all c ounterfeit
goods manufactured, distributed, sold, or offered for sale by this
person exceeds twenty-five thousand dollars or if the t otal number of
all counterfeit goods exceeds two thousand. It also establishes that
trademark counterfeiting in the second degree sha ll be a class D felo-
ny.

Section 4 renumbers section 165.74 to 165.75, and adds a new section
165.74 which establishes a new definition of trademark counterfe iting
in the first degree. It establishes that a person is guilty of trademark
counterfeiting in the first degree if the retail value of all counter-
feit goods manufactured, distributed, sold, or offered for sale by this
person exceeds one hundred thousand dollars or the total number of all
counterfeit goods exceeds ten thousand. It also establishes that trade-
mark counterfeiting in the first degre e shall be a class C felony.

Section 5 provides that the act shall take effect on the first of Novem-
ber next succeeding the date on which it shall have become law

 
JUSTIFICATION:

Trademark counterfeiting is a serious issue both in New York State and
around the globe, especially when conducted on a large scale.  According
to a report released by the New York State White Collar Crime Task
Force, "Trademark counterfeit goods may account for as m uch as seven
percent of all world trade, or up to $650 billion in sales per year. New
York City estimates that it loses more than $1 billion per year in
revenue based upon the sale of counterfeit goods."  The White Collar
Crime Task Force report also notes that the s ale of goods bearing coun-
terfeit trademarks is a known revenue stream for many terrorist organ-
izations, due to the fact that profit m argins are higher and risks are
lower than trafficking narcotics. This loss of revenue to New York State
businesses and potential pub lic safety hazard is extremely concerning,
and reveals an area of law enforcement in dire need of legislative
reform.

This legislation serves to rework the penalty structure for trademark
counterfeiting in order to provide penalties which are more com mensu-
rate with the severity of the offense. In particular, it would make a
trademark counterfeiting operation which has a total retai l value
exceeding one hundred thousand dollars or which produces a total number
of goods exceeding ten thousand a class C felony.

 
PRIOR LEGISLATIVE HISTORY:

5.0113 of 2017-2018 (Hoylman): Passed Senate (2017) / Died in Codes
(2018)

A.3946 of 2017-2018 (Quart): Died in Codes

S.110 of 2015-2016 (Hoylman): Passed Senate (2015)/Died in Codes (2016)
A.10642  of 2016 (Quart): Died in Codes

S.7541 of 2014 (Hoylman): Passed Senate

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become law.

2019-S597 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    597
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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 trademark counterfeiting
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 165.71 of the penal law, as added by chapter 490 of
 the laws of 1992, is amended to read as follows:
 § 165.71 Trademark counterfeiting in the [third] FOURTH degree.
   A  person  is guilty of trademark counterfeiting in the [third] FOURTH
 degree when, with the intent to deceive or defraud some other person  or
 with  the  intent  to  evade  a  lawful restriction on the sale, resale,
 offering for sale, or distribution of goods,  he  or  she  manufactures,
 distributes,  sells,  or  offers for sale goods which bear a counterfeit
 trademark, or possesses a trademark knowing it to be counterfeit for the
 purpose of affixing it to any goods.
   Trademark counterfeiting in the [third] FOURTH degree  is  a  class  A
 misdemeanor.
   § 2. Section 165.72 of the penal law, as amended by chapter 535 of the
 laws of 1995, is amended to read as follows:
 § 165.72 Trademark counterfeiting in the [second] THIRD degree.
   A  person  is guilty of trademark counterfeiting in the [second] THIRD
 degree when, with the intent to deceive or defraud some other person  or
 with  the  intent  to  evade  a  lawful restriction on the sale, resale,
 offering for sale, or distribution of goods,  he  or  she  manufactures,
 distributes,  sells,  or  offers for sale goods which bear a counterfeit
 trademark, or possesses a trademark knowing it to be counterfeit for the
 purpose of affixing it to any goods, and the retail value  of  all  such
 goods  bearing  OR  INTENDED  TO BEAR counterfeit trademarks exceeds one
 thousand dollars OR THE TOTAL NUMBERS OF ALL SUCH GOODS BEARING COUNTER-
 FEIT TRADEMARKS EXCEEDS TWO HUNDRED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01153-01-9

 S. 597                              2
 
   Trademark counterfeiting in the [second] THIRD degree  is  a  class  E
 felony.
   § 3. Section 165.73 of the penal law, as amended by chapter 535 of the
 laws of 1995, is amended to read as follows:
 § 165.73 Trademark counterfeiting in the [first] SECOND degree.
   A  person  is guilty of trademark counterfeiting in the [first] SECOND
 degree when, with the intent to deceive or defraud some other person, or
 with the intent to evade a  lawful  restriction  on  the  sale,  resale,
 offering  for  sale,  or  distribution of goods, he or she manufactures,
 distributes, sells, or offers for sale goods which  bear  a  counterfeit
 trademark, or possesses a trademark knowing it to be counterfeit for the
 purpose  of  affixing  it to any goods, and the retail value of all such
 goods bearing OR INTENDED TO BEAR counterfeit  trademarks  exceeds  [one
 hundred  thousand  dollars]  TWENTY-FIVE  THOUSAND  DOLLARS OR THE TOTAL
 NUMBERS OF ALL SUCH GOODS BEARING  COUNTERFEIT  TRADEMARKS  EXCEEDS  TWO
 THOUSAND.
   Trademark counterfeiting in the [first] SECOND degree is a class [C] D
 felony.
   §  4. Section 165.74 of the penal law is renumbered section 165.75 and
 a new section 165.74 is added to read as follows:
 § 165.74 TRADEMARK COUNTERFEITING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF TRADEMARK COUNTERFEITING  IN  THE  FIRST  DEGREE
 WHEN,  WITH  THE INTENT TO DECEIVE OR DEFRAUD SOME OTHER PERSON, OR WITH
 THE INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,  RESALE,  OFFERING
 FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE MANUFACTURES, DISTRIBUTES,
 SELLS,  OR  OFFERS FOR SALE GOODS WHICH BEAR A COUNTERFEIT TRADEMARK, OR
 POSSESSES A TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR  THE  PURPOSE  OF
 AFFIXING IT TO ANY GOODS, AND THE RETAIL VALUE OF ALL SUCH GOODS BEARING
 OR  INTENDED TO BEAR COUNTERFEIT TRADEMARKS EXCEEDS ONE HUNDRED THOUSAND
 DOLLARS OR THE TOTAL NUMBERS  OF  ALL  SUCH  GOODS  BEARING  COUNTERFEIT
 TRADEMARKS EXCEEDS TEN THOUSAND.
   TRADEMARK COUNTERFEITING IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S597

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S597 (ACTIVE) - Details

2019-S597 (ACTIVE) - Summary

2019-S597 (ACTIVE) - Sponsor Memo

2019-S597 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S597

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

2019-S597 (ACTIVE) - Details

2019-S597 (ACTIVE) - Summary

2019-S597 (ACTIVE) - Sponsor Memo

2019-S597 (ACTIVE) - Bill Text download pdf

Comments