NY State Senate Bill 2021-S388

Senate Bill S388

2021-2022 Legislative Session

Establishes the crimes of spoofing a police agency telephone number in the first and second degrees as a class E felony and a class A misdemeanor

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Feb 02, 2022	advanced to third reading
Feb 01, 2022	2nd report cal.
Jan 31, 2022	1st report cal.362
Jan 05, 2022	referred to codes
Jun 10, 2021	committed to rules
Mar 24, 2021	advanced to third reading
Mar 23, 2021	2nd report cal.
Mar 22, 2021	1st report cal.604
Jan 06, 2021	referred to codes

Votes

- Jan 31, 2022 - Codes Committee Vote
  S388
  
  8
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jan 31, 2022
      
      aye (8)
      
      Akshar
      
      Bailey
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kavanagh
      
      Palumbo
      
      Savino
      
      aye wr (5)
      
      Biaggi
      
      Brisport
      
      Myrie
      
      O'Mara
      
      Sepúlveda
  Mar 22, 2021 - Codes Committee Vote
  S388
  
  11
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Mar 22, 2021
      
      aye (11)
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Cooney
      
      Gallivan
      
      Kaminsky
      
      Kavanagh
      
      O'Mara
      
      Palumbo
      
      Savino
      
      aye wr (2)
      
      Brisport
      
      Myrie

2021-S388 (ACTIVE) - Details

See Assembly Version of this Bill:: A4679
Current Committee:: Senate Rules
Law Section:: Penal Law
Laws Affected:: Add §§190.90 & 190.95, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6920
2023-2024: A1342

2021-S388 (ACTIVE) - Summary

Establishes the crimes of spoofing a police agency telephone number in the first and second degrees as a class E felony and a class A misdemeanor.

2021-S388 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S388

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crimes of
spoofing a police agency telephone number in the first and second
degrees

 
PURPOSE:

This legislation creates the crime of spoofing a police agency in the
second degree a Class A misdemeanor, as well as the crime of spoofing a
police agency in the first degree a class E Felony.

 
SUMMARY OF PROVISIONS:

Section 1 creates the crime of spoofing a police agency in the second
degree when a person with intent to defraud another person, or to
harass, annoy, threaten, or alarm another person places a telephone call
whereby the ID displays a phone number of a police agency or any other

political subdivision of this state, a class A misdemeanor.

Section 2 creates the crime of spoofing a police agency in the first
degree when a person with intent to defraud another person, or to
harass, annoy, threaten, or alarm another person places a telephone call
whereby the ID displays a phone number of a police agency or any other
political subdivision of this state when they had previously been
convicted of spoofing a police agency in the second degree within the
last ten years.

Section 3 is the effective date.

 
JUSTIFICATION:

There are many instances where individuals receive annoying and unwanted
calls. However, when these individuals use fraudulent spoofed telephone
numbers representing police, district attorneys, or other political
subdivisions the danger is increased.  There is a certain belief that
when someone receives a call from a number they believe to be the police
there is a level of trust and respect, making the copying of these
numbers even more dangerous and warranting being made illegal. We must
work to ensure that communication from the police is not fabricated, or
used to defraud the public. This legislation seeks to protect the commu-
nication abilities of the police, and ensuring individuals are not
harassed or taken advantage of.

 
LEGISLATIVE HISTORY:

S. 6930 of 2019/20; Referred to Senate Codes Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

2021-S388 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    388
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 establishing the crimes of
   spoofing a police agency telephone number  in  the  first  and  second
   degrees

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 190.90  to
 read as follows:
 § 190.90 SPOOFING A POLICE AGENCY TELEPHONE NUMBER IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF SPOOFING A POLICE AGENCY TELEPHONE NUMBER IN THE
 SECOND  DEGREE WHEN, WITH INTENT TO DEFRAUD ANOTHER PERSON OR TO HARASS,
 ANNOY, THREATEN, OR ALARM ANOTHER PERSON, HE OR SHE PLACES  A  TELEPHONE
 CALL  WHEREBY THE ID DISPLAY OF THE PERSON RECEIVING THE CALL DISPLAYS A
 PHONE NUMBER OF A POLICE AGENCY OF THIS STATE OR ANY POLITICAL  SUBDIVI-
 SION OF THIS STATE OR DISPLAYS ANY OTHER INFORMATION THAT WOULD INDICATE
 THAT  SUCH PHONE CALL WAS PLACED BY A POLICE AGENCY OF THIS STATE OR ANY
 POLITICAL SUBDIVISION OF THIS STATE.
   SPOOFING A POLICE AGENCY TELEPHONE NUMBER IN THE SECOND  DEGREE  IS  A
 CLASS A MISDEMEANOR.
   §  2.  The penal law is amended by adding a new section 190.95 to read
 as follows:
 § 190.95 SPOOFING A POLICE AGENCY TELEPHONE NUMBER IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF SPOOFING A POLICE AGENCY TELEPHONE NUMBER IN THE
 FIRST DEGREE WHEN HE OR SHE COMMITS THE CRIME OF SPOOFING A POLICE AGEN-
 CY TELEPHONE NUMBER IN THE SECOND DEGREE AND HE OR SHE HAS  BEEN  PREVI-
 OUSLY  CONVICTED  WITHIN  THE LAST TEN YEARS OF SPOOFING A POLICE AGENCY
 TELEPHONE NUMBER IN THE SECOND DEGREE OR SPOOFING A POLICE AGENCY  TELE-
 PHONE NUMBER IN THE FIRST DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01511-01-1

 S. 388                              2
 
   SPOOFING  A  POLICE  AGENCY  TELEPHONE NUMBER IN THE FIRST DEGREE IS A
 CLASS E FELONY.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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