Senate Bill S4516

Signed By Governor
2021-2022 Legislative Session

Makes the falsification of COVID-19 vaccination records a crime

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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Votes

Bill Amendments

2021-S4516 - Details

Law Section:
Public Health Law
Laws Affected:
Add §2183, Pub Health L; add §§190.90 & 190.91, Pen L

2021-S4516 - Summary

Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.

2021-S4516 - Sponsor Memo

2021-S4516 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4516
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the penal law, in relation  to
   prohibiting the falsification of COVID-19 vaccination records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2183 to read as follows:
   § 2183. FALSIFYING OF COVID-19 VACCINATION RECORDS. 1. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "COVID-19  VACCINATION  RECORD  CARD" SHALL MEAN A CARD OR RECORD
 GIVEN TO AN INDIVIDUAL AFTER THEY HAVE RECEIVED A COVID-19 VACCINE WHICH
 KEEPS TRACK OF VITAL VACCINATION INFORMATION, INCLUDING, BUT NOT LIMITED
 TO, THE DATE IN WHICH THE FIRST AND SECOND  DOSE  OF  THE  VACCINE  WERE
 ADMINISTERED TO SUCH INDIVIDUAL AND THE TYPE OF VACCINE RECEIVED.
   (B)  "DIGITAL VACCINE PASSPORT" SHALL MEAN A SYSTEM ACCESSED THROUGH A
 MOBILE APPLICATION WHICH PROVIDES CERTIFIED COVID-19 HEALTH  INFORMATION
 FROM  MEDICAL FACILITIES ABOUT AN INDIVIDUAL AND IS SHARED WITH AIRLINES
 AND BORDER AUTHORITIES AS A METHOD  OF  PROTECTING  PUBLIC  HEALTH  WHEN
 TRAVELING.
   2.  NO  INDIVIDUAL  SHALL  INTENTIONALLY  FALSIFY  OR ALTER A COVID-19
 VACCINATION RECORD CARD OR DIGITAL VACCINE PASSPORT TO MISREPRESENT SUCH
 INDIVIDUAL'S HISTORY AND RECORD OF VACCINE TREATMENT. SUCH FALSIFICATION
 OR FRAUDULENT MISREPRESENTATION OF AN INDIVIDUAL'S VACCINE HISTORY SHALL
 BE A CRIME PURSUANT TO SECTIONS 190.90 AND 190.91 OF THE PENAL LAW.
   § 2. The penal law is amended by adding two new  sections  190.90  and
 190.91 to read as follows:
 § 190.90 FALSIFICATION  OF  COVID-19  VACCINATION  RECORDS IN THE SECOND
            DEGREE.
   A PERSON IS GUILTY OF FALSIFICATION OF COVID-19 VACCINATION RECORDS IN
 THE SECOND DEGREE WHEN SUCH PERSON IS NOT  A  LICENSED  MEDICAL  PROFES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2021-S4516A - Details

Law Section:
Public Health Law
Laws Affected:
Add §2183, Pub Health L; add §§190.90 & 190.91, Pen L

2021-S4516A - Summary

Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.

2021-S4516A - Sponsor Memo

2021-S4516A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4516--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public health law and the penal law, in relation to
   prohibiting the falsification of COVID-19 vaccination records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2183 to read as follows:
   § 2183. FALSIFYING OF COVID-19 VACCINATION RECORDS. 1. FOR PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVID-19 VACCINATION RECORD CARD" SHALL MEAN  A  CARD  OR  RECORD
 GIVEN TO AN INDIVIDUAL AFTER THEY HAVE RECEIVED A COVID-19 VACCINE WHICH
 KEEPS TRACK OF VITAL VACCINATION INFORMATION, INCLUDING, BUT NOT LIMITED
 TO,  THE  DATE  IN  WHICH  THE FIRST AND SECOND DOSE OF THE VACCINE WERE
 ADMINISTERED TO SUCH INDIVIDUAL AND THE TYPE OF VACCINE RECEIVED.
   (B) "DIGITAL VACCINE PASSPORT" SHALL MEAN A SYSTEM ACCESSED THROUGH  A
 MOBILE  APPLICATION WHICH PROVIDES CERTIFIED COVID-19 HEALTH INFORMATION
 ABOUT AN INDIVIDUAL AS A METHOD OF PROTECTING PUBLIC HEALTH.
   2. NO INDIVIDUAL SHALL  INTENTIONALLY  FALSIFY  OR  ALTER  A  COVID-19
 VACCINATION  RECORD  CARD, DIGITAL VACCINE PASSPORT OR ANY OTHER PRINTED
 MATERIAL WHICH DETAILS COVID-19 VACCINATION HISTORY TO MISREPRESENT SUCH
 INDIVIDUAL'S HISTORY AND RECORD OF VACCINE TREATMENT. SUCH FALSIFICATION
 OR FRAUDULENT MISREPRESENTATION OF AN INDIVIDUAL'S VACCINE HISTORY SHALL
 BE A CRIME PURSUANT TO SECTIONS 190.90 AND 190.91 OF THE PENAL LAW.
   § 2. The penal law is amended by adding two new  sections  190.90  and
 190.91 to read as follows:
 § 190.90 FALSIFICATION  OF  COVID-19  VACCINATION  RECORDS IN THE SECOND
            DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07421-05-1

co-Sponsors

2021-S4516B - Details

Law Section:
Public Health Law
Laws Affected:
Add §2183, Pub Health L; add §§190.90 & 190.91, Pen L

2021-S4516B - Summary

Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.

2021-S4516B - Sponsor Memo

2021-S4516B - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4516--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the penal law, in relation to making  the  falsification
   of COVID-19 vaccination records a crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.   Subdivision 1 of section 170.00  of  the  penal  law,  as
 amended  by  chapter  514  of  the  laws  of 1986, is amended to read as
 follows:
   1. "Written instrument" means any  instrument  or  article,  including
 computer  data  or  a  computer  program,  containing written or printed
 matter or the equivalent thereof, used  for  the  purpose  of  reciting,
 embodying,  conveying or recording information, or constituting a symbol
 or evidence of value, right, privilege or identification, which is capa-
 ble of being used to the advantage or disadvantage of some person.   FOR
 THE  PURPOSES OF THIS ARTICLE,  A CARD PROVIDED TO A PERSON BY A VACCINE
 PROVIDER INDICATING THE DATE A PERSON  RECEIVED  A  VACCINATION  AGAINST
 COVID-19  AS  WELL  AS  THE  TYPE OF VACCINE AND ITS LOT NUMBER SHALL BE
 CONSIDERED A WRITTEN INSTRUMENT.
   § 2. Section 156.25 of the penal law, as amended by chapter 89 of  the
 laws  of  1993,  subdivision  2 as amended by chapter 376 of the laws of
 1997, is amended to read as follows:
 § 156.25 Computer tampering in the third degree.
   A person is guilty of computer tampering in the third degree  when  he
 OR SHE commits the crime of computer tampering in the fourth degree and:
   1.  he OR SHE does so with an intent to commit or attempt to commit or
 further the commission of any felony; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07421-06-1

co-Sponsors

2021-S4516C (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Add §2183, Pub Health L; add §§190.90 & 190.91, Pen L

2021-S4516C (ACTIVE) - Summary

Makes the falsification of COVID-19 vaccination records a crime as part of computer tampering in the third degree which is a class E felony.

2021-S4516C (ACTIVE) - Sponsor Memo

2021-S4516C (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4516--C
     Cal. No. 1336
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, GAUGHRAN -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted  to  said  committee  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   committee discharged and said bill committed to the Committee on Rules
   -- reported favorably from said committee, ordered to a third reading,
   passed  by Senate and delivered to the Assembly, recalled, vote recon-
   sidered, restored to third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT  to amend the penal law, in relation to making the falsification
   of COVID-19 vaccination records a crime
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  1  of  section 170.00 of the penal law, as
 amended by chapter 514 of the laws  of  1986,  is  amended  to  read  as
 follows:
   1.  "Written  instrument"  means  any instrument or article, including
 computer data or a  computer  program,  containing  written  or  printed
 matter  or  the  equivalent  thereof,  used for the purpose of reciting,
 embodying, conveying or recording information, or constituting a  symbol
 or evidence of value, right, privilege or identification, which is capa-
 ble  of being used to the advantage or disadvantage of some person.  FOR
 THE PURPOSES OF THIS ARTICLE,  A CARD PROVIDED TO A PERSON BY A  VACCINE
 PROVIDER  INDICATING  THE  DATE  A PERSON RECEIVED A VACCINATION AGAINST
 COVID-19, THE TYPE OF VACCINE AND ITS LOT NUMBER, AND BEARING A  GOVERN-
 MENT  LOGO  OR  OTHER  INDICATION  THAT  IT IS CREATED BY A GOVERNMENTAL
 INSTRUMENTALITY, SHALL BE CONSIDERED A WRITTEN INSTRUMENT.
   § 2. Subdivision 4 of section 156.25 of the penal law, as  amended  by
 chapter  89  of  the laws of 1993, is amended and a new subdivision 5 is
 added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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