NY State Senate Bill 2019-S6795

Senate Bill S6795

2019-2020 Legislative Session

Relates to the crimes of criminal impersonation in the first degree and fraud in connection with a primary election, caucus or convention; repealer

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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
Oct 23, 2019	referred to rules

co-Sponsors

2019-S6795 (ACTIVE) - Details

See Assembly Version of this Bill:: A8487
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §190.26, Pen L; rpld §17-102 sub 5, amd §17-102, add §§17-101 & 3-104-b, El L; add §392-k, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S2720, A7008

2019-S6795 (ACTIVE) - Summary

Relates to the crimes of fraud in connection with a primary election, caucus or convention, and criminal impersonation in the first degree where a person pretends to be an elected official or candidate for an elected office and acts by impersonating such an elected official, or candidate or campaign for such an elected office, by communication by internet website or electronic means, with intent to obtain a benefit or injure or defraud another; requires social media companies to establish practical mechanisms for closing accounts within twenty-four hours of receiving notice that such account involves either such crime; and authorizes the state board of elections chief enforcement counsel to investigate allegations or claims of such crimes, including subpoena powers and to issue cease and desist orders to the relevant social media companies upon proof of such impersonation or fraudulent or wrongful act.

2019-S6795 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6795

SPONSOR: GALLIVAN
 
TITLE OF BILL:  An act to amend the penal law, the election law and
the general business law, in relation to the crime of criminal imperso-
nation in the first degree and fraud in connection with a primary
election, caucus or convention; and to repeal certain provisions of the
election law relating thereto

 
PURPOSE:

This bill aims to provide further protections in relation to the elec-
toral process, in part, by establishing new criminal penalties related
to the internet impersonation of an elected official or candidate for
office.

 
SUMMARY OF PROVISIONS:

Section 1. Amends penal law section 190.26 subdivision 3 by adding a
person can be found guilty of criminal impersonation in the first degree
if he or she pretends to be an elected official or candidate for an

elected office by impersonating that individual by the internet or other
electronic means.

Section 2. Repeals Subdivision 5 of section 17-102 of the election law
and renumbers subdivisions 6,7,8,9,10,11,12 and 13.

Section 3. A new section, 17-101 is added to the election law to make
such fraud a class E felony and provides for the State Board of
Elections to impose a civil penalty.

Section 4. A new section, 3-104-b is added to the election law that
provides the State Board of Elections the right to seek injunctive
relief to require a social media company to cease operations.

Section 5. A new section, 392-k is added to the general business law to
provide a mechanism for closure of any fraudulent account within 24
hours of notification.

Section 6. Provides for an immediate effective date.

 
JUSTIFICATION:

Across the nation, election cycles are prized. The nation's sentiments
on elections-the expression thereof existing via the actions of voting
and debating -is facilitated by elections held by governing bodies big
and small, federal or state or municipal, the build-up and immense prep-
arations preceding election day should ordinarily be expected to be held
to a high plane of transparency. The public's consumption of sound-bites
disseminated by an elected official or candidate for office, or by an
intermediary thereof, plays its own role in shaping the course of indi-
vidual voters' pre-election day decision-making.

An excessive growth of social media sites has led to an increasing
number of internet impersonation cases in the United States. Social
networking sites have become an integral part of how our society inter-
acts on a daily basis and this legislation increases penalties and puts
forth procedures in NYS statute to address malicious spreading of false
statements of fact about a person who is an elected official or candi-
date for office through the use of social media whereby the intent is to
sway an election.

In order to increase transparency and further protect the electoral
process this bill adds a new subdivision to the penal law to make crimi-
nal impersonation in the first degree a class E felony if the person
pretends to be an elected official or candidate for an elected office
and impersonates an elected official or candidate or campaign for such
elected office by communicating through the internet website or elec-
tronic means, with the sole intent to obtain a benefit or injure or
defraud.

This bill further provides that any person who fraudulently or wrongful-
ly performs or attempts to perform any act that affects the result of
any primary election, caucus or convention will be subject to an
increased criminal penalty. This bill also establishes a civil penalty
for each violation.

In addition, the State Board of Elections will have the right to seek
injunctive relief to require a social media company to cease operations
if there is reason to believe that the social media company has failed
to address a complaint by any elected official or candidate.

Finally, this legislation establishes a preventative measure by requir-
ing the closure of fraudulent social media accounts with 24 hours of
receiving a complaint and requires such companies to create mechanisms
that will effectuate such closure within the prescribed timeframe.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S6795 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6795
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 23, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the penal law, the election law and the general business
   law, in relation to the crime of criminal impersonation in  the  first
   degree  and  fraud  in  connection  with a primary election, caucus or
   convention; and to repeal  certain  provisions  of  the  election  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 190.26 of the penal law, as  added
 by chapter 2 of the laws of 1998, is amended to read as follows:
   3.  Pretending to be a duly licensed physician or other person author-
 ized 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
   4. PRETENDS TO BE AN ELECTED OFFICIAL  OR  CANDIDATE  FOR  AN  ELECTED
 OFFICE  AND ACTS BY IMPERSONATING SUCH AN ELECTED OFFICIAL, OR CANDIDATE
 OR CAMPAIGN FOR SUCH AN ELECTED OFFICE,  BY  COMMUNICATION  BY  INTERNET
 WEBSITE  OR  ELECTRONIC MEANS, WITH INTENT TO OBTAIN A BENEFIT OR INJURE
 OR DEFRAUD ANOTHER.
   § 2. Subdivision 5 of section 17-102 of the election law  is  REPEALED
 and  subdivisions  6, 7, 8, 9, 10, 11, 12 and 13 are renumbered subdivi-
 sions 5, 6, 7, 8, 9, 10, 11 and 12.
   § 3. The election law is amended by adding a  new  section  17-101  to
 read as follows:
   §  17-101.  FRAUD  IN  CONNECTION  WITH  A PRIMARY ELECTION, CAUCUS OR
 CONVENTION. 1. ANY PERSON WHO FRAUDULENTLY OR  WRONGFULLY  PERFORMS  ANY
 ACT  OR  ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT OF ANY

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13341-01-9

 S. 6795                             2
 
 PRIMARY ELECTION, CAUCUS OR CONVENTION, SHALL BE GUILTY  OF  A  CLASS  E
 FELONY.
   2.  A  PERSON  WHO  FRAUDULENTLY  OR  WRONGFULLY  PERFORMS  ANY ACT OR
 ATTEMPTS TO PERFORM ANY ACT TENDING TO AFFECT THE RESULT OF ANY  PRIMARY
 ELECTION,  CAUCUS OR CONVENTION SHALL ALSO BE SUBJECT TO A CIVIL PENALTY
 FOR EACH VIOLATION. THE STATE BOARD OF ELECTIONS SHALL HAVE AUTHORITY TO
 IMPOSE ANY SUCH CIVIL PENALTY FOR A VIOLATION OF SUBDIVISION ONE OF THIS
 SECTION.
   § 4. The election law is amended by adding a new  section  3-104-b  to
 read as follows:
   §  3-104-B.  POWERS  AND  AUTHORITY;  CERTAIN IMPERSONATION OF ELECTED
 OFFICIALS AND OTHER FRAUD. 1. THE STATE BOARD OF  ELECTIONS  SHALL  HAVE
 THE RIGHT TO SEEK INJUNCTIVE RELIEF TO REQUIRE A SOCIAL MEDIA COMPANY TO
 IMMEDIATELY CEASE AND DESIST OPERATIONS WHERE THERE IS REASON TO BELIEVE
 THAT  SUCH SOCIAL MEDIA COMPANY HAS FAILED TO ADDRESS A COMPLAINT BY ANY
 ELECTED OFFICIAL OR  CANDIDATE  FOR  ELECTED  OFFICE  ALLEGING  CRIMINAL
 IMPERSONATION  IN THE FIRST DEGREE UNDER SECTION 190.26 OF THE PENAL LAW
 OR FRAUD IN CONNECTION WITH ANY PRIMARY ELECTION, CAUCUS  OR  CONVENTION
 UNDER SECTION 17-101 OF THIS CHAPTER.
   2.  THE  STATE BOARD OF ELECTIONS CHIEF ENFORCEMENT COUNSEL SHALL HAVE
 INDEPENDENT AUTHORITY TO INVESTIGATE ALLEGATIONS OR CLAIMS OF  ANY  SUCH
 ALLEGATION  OR  CLAIM,  INCLUDING SUBPOENA POWERS AND TO ISSUE CEASE AND
 DESIST ORDERS TO THE RELEVANT SOCIAL MEDIA COMPANIES UPON PROOF OF  SUCH
 IMPERSONATION OR FRAUDULENT OR WRONGFUL ACT.
   § 5. The general business law is amended by adding a new section 392-k
 to read as follows:
   §  392-K.  CLOSURE  OF  CERTAIN  SOCIAL MEDIA ACCOUNTS. A SOCIAL MEDIA
 COMPANY THAT RECEIVES A COMPLAINT ALLEGING CRIMINAL IMPERSONATION IN THE
 FIRST DEGREE OR CLAIMING FRAUD IN CONNECTION WITH ANY PRIMARY  ELECTION,
 CAUCUS  OR CONVENTION IN VIOLATION OF SECTION 17-101 OF THE ELECTION LAW
 SHALL CLOSE ANY SUCH IMPERSONATED OR FRAUDULENT ACCOUNT  WITHIN  TWENTY-
 FOUR  HOURS OF SUCH NOTIFICATION. SOCIAL MEDIA COMPANIES SHALL ESTABLISH
 PRACTICAL MECHANISMS FOR CLOSING ANY SUCH SOCIAL  MEDIA  ACCOUNT  WITHIN
 SUCH TIME FRAME.
   § 6. This act shall take effect immediately.

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Senate Bill S6795

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Sponsored By

Patrick M. Gallivan