S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6797
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 8, 2021
                                ___________
 
 Introduced  by M. of A. DICKENS -- read once and referred to the Commit-
   tee on Banks
 
 AN ACT to amend the banking law, in relation  to  clarifying  the  defi-
   nition  of illegal money transmission and increasing the penalties for
   certain activities by licensed and unlicensed money  transmitters;  to
   amend  the  penal law, in relation to the definition of money launder-
   ing; and to amend the criminal procedure law, in relation  to  timeli-
   ness of prosecutions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 650 of the banking law, as amended
 by chapter 201 of the laws of 1969, is amended to read as follows:
   1. [Any person who violates or participates in the  violation  of  any
 provisions  of this article, or who knowingly makes any incorrect state-
 ment of a material fact in any application,  report  or  statement  made
 pursuant  to  this article, or who knowingly omits to state any material
 fact necessary to  give  the  superintendent  any  information  lawfully
 required  by  him  or  refuses to permit any lawful investigation by the
 superintendent shall be guilty of a misdemeanor  and,  upon  conviction,
 shall  be fined not more than five hundred dollars or imprisoned for not
 more than six months or both, in the discretion of  the  court]A.    ANY
 PERSON  WHO  KNOWINGLY  MAKES  ANY FALSE STATEMENT, MISREPRESENTATION OR
 FALSE CERTIFICATION IN ANY  APPLICATION,  FINANCIAL  STATEMENT,  ACCOUNT
 RECORD,  CUSTOMER RECEIPT, REPORT OR OTHER DOCUMENT FILED OR REQUIRED TO
 BE MAINTAINED OR FILED UNDER THIS ARTICLE, OR WHO  KNOWINGLY  MAKES  ANY
 FALSE ENTRY OR OMITS A MATERIAL ENTRY IN ANY SUCH DOCUMENT OR REFUSES TO
 PERMIT  ANY  LAWFUL INVESTIGATION BY THE SUPERINTENDENT, SHALL BE GUILTY
 OF A CLASS E FELONY.
   B. ANY LICENSEE OR AGENT WHO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05216-01-1

              

 A. 6797                             2
 
   (1) RECEIVES MONEY FOR TRANSMITTING OR  TRANSMITS  THE  SAME,  KNOWING
 SUCH  MONEY  TO BE THE PROCEEDS OF OR DERIVED FROM ANY CRIMINAL CONDUCT;
 OR
   (2) SELLS OR ISSUES NEW YORK INSTRUMENTS OR NEW YORK TRAVELER'S CHECKS
 AS  THOSE  TERMS  ARE DEFINED BY SECTION SIX HUNDRED FIFTY-THREE OF THIS
 CHAPTER, KNOWING SUCH INSTRUMENTS OR CHECKS TO  BE  PURCHASED  WITH  THE
 PROCEEDS  OF  OR DERIVED FROM ANY CRIMINAL CONDUCT, SHALL BE GUILTY OF A
 CLASS E FELONY.
   § 2. Paragraph a and subparagraphs 1, 2 and 4 of paragraph b of subdi-
 vision 2 of section 650 of the banking law, as amended by chapter 543 of
 the laws of 1990, are amended to read as follows:
   a. Any person who either (1) engages  in  the  business  of  receiving
 money  for  transmission or transmitting the same or (2) sells or issues
 New York instruments or New York traveler's checks as  those  terms  are
 defined  by  section  six hundred fifty-three of this chapter, without a
 license therefor obtained from the superintendent OR WITHOUT HAVING BEEN
 DESIGNATED OR APPOINTED AS AN AGENT OF A LICENSEE as  provided  in  this
 article, shall be guilty of a [Class A misdemeanor] CLASS D FELONY.
   (1)  knowingly receives or agrees to receive for transmission from one
 or more [individuals] PERSONS a total of ten thousand dollars or more in
 a single transaction, a total of twenty-five thousand  dollars  or  more
 during  a period of thirty days or less, or a total of two hundred fifty
 thousand dollars or more during a period of one year or less; or
   (2) knowingly sells or issues New York instruments or New York travel-
 er's checks to one or more [individuals] PERSONS totaling  ten  thousand
 dollars or more in a single transaction, a total of twenty-five thousand
 dollars  or  more  during a period of thirty days or less, or a total of
 two hundred fifty thousand dollars or more during a period of  one  year
 or less; or
   (4) knowingly sells or issues New York instruments or New York travel-
 er's  checks  as  those  terms are defined by section six hundred fifty-
 three of  this  chapter,  knowing  such  instruments  or  checks  to  be
 purchased  with  the  proceeds  of or derived from any criminal conduct;
 shall be guilty of a class [E] C felony.
   § 3. Subdivision 5 of section 470.00 of the penal law, as  amended  by
 chapter 489 of the laws of 2000, is amended to read as follows:
   5.  "Specified  criminal  conduct" means criminal conduct committed in
 this state constituting a criminal act, as  the  term  criminal  act  is
 defined  in  section 460.10 of this [chapter] TITLE, or constituting the
 crime of enterprise corruption, as defined in  section  460.20  of  this
 [chapter]  TITLE,  OR  CONSTITUTING  VIOLATIONS  OF SECTIONS SIX HUNDRED
 SEVENTY-TWO AND SIX HUNDRED SEVENTY-THREE OF THE BANKING LAW, or conduct
 committed in any other jurisdiction which is or would be specified crim-
 inal conduct if committed in this state.
   § 4. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  A PROSECUTION FOR ANY CRIME DEFINED UNDER ARTICLE TWELVE-D, THIR-
 TEEN-B OR THIRTEEN-D OF THE BANKING LAW, OR UNDER  ARTICLE  ONE  HUNDRED
 FIFTY-FIVE,  ONE  HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED
 SEVENTY-SIX, ONE HUNDRED EIGHTY, ONE HUNDRED  EIGHTY-FIVE,  ONE  HUNDRED
 EIGHTY-SEVEN,  ONE HUNDRED NINETY, TWO HUNDRED, TWO HUNDRED TEN, OR FOUR
 HUNDRED SEVENTY OF THE PENAL LAW INSOFAR AS IT RELATES  TO  PERSONS  AND
 ENTITIES  THAT  ARE  LICENSED,  REGISTERED, OR INCORPORATED OR OTHERWISE
 FORMED PURSUANT TO THE BANKING LAW, OR  PERSONS  IN  THEIR  CAPACITY  AS
 DIRECTORS,  OFFICERS, MANAGERS, OR EMPLOYEES OR PERSONS OR ENTITIES THAT
 CONTROL, AS SUCH TERM IS DEFINED IN SECTION ONE HUNDRED FORTY-THREE-B OF

 A. 6797                             3
 
 THE BANKING LAW WITH RESPECT TO BANKING INSTITUTIONS, ANY  SUCH  PERSONS
 OR  ENTITIES THAT ARE LICENSED, REGISTERED, OR INCORPORATED OR OTHERWISE
 FORMED PURSUANT TO THE BANKING LAW, MAY BE COMMENCED  WITHIN  TEN  YEARS
 AFTER THE COMMISSION THEREOF.
   §  5.  This act shall take effect immediately; provided, however, that
 the provisions of section four of this act shall only  apply  to  crimes
 committed after such effective date.