Assembly Bill A1818C

2023-2024 Legislative Session

Relates to the criminal impersonation in the second degree and establishing a stolen valor fee

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Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

multi-Sponsors

2023-A1818 - Details

See Senate Version of this Bill:
S9154
Current Committee:
Assembly Ways And Means
Law Section:
Penal Law
Laws Affected:
Amd §§10.00, 190.25 & 60.35, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5492
2019-2020: A3681
2021-2022: A2271

2023-A1818 - Summary

Provides that a person is guilty of criminal impersonation in the second degree when a person pretends to be a servicemember or former servicemember, or a first responder, or as having received a decoration or medal; establishes a stolen valor fee.

2023-A1818 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1818
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES,
   GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by --  M.
   of A. GLICK, RAMOS -- read once and referred to the Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to creating the crime of
   stolen valor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended by adding two new
 subdivisions 22 and 23 to read as follows:
   22.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
 UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
 GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
 NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
   23. "VETERAN" MEANS A PERSON WHO WAS  A  MEMBER  OF  THE  MILITARY  OR
 RESERVES  AS  DEFINED IN SUBDIVISION TWENTY-TWO OF THIS SECTION, BUT WHO
 HAS SINCE BEEN DISCHARGED FROM SUCH SERVICES.
   § 2. The penal law is amended by adding a new section 190.28  to  read
 as follows:
 § 190.28 STOLEN VALOR.
   A  PERSON  IS  GUILTY  OF STOLEN VALOR WHEN HE OR SHE PRETENDS TO BE A
 MEMBER OF THE MILITARY OR RESERVES AS DEFINED BY SUBDIVISION  TWENTY-TWO
 OF SECTION 10.00 OF THIS CHAPTER, OR PRETENDS TO BE A VETERAN AS DEFINED
 BY  SUBDIVISION  TWENTY-THREE OF SECTION 10.00 OF THIS CHAPTER, OR WEARS
 OR DISPLAYS WITHOUT AUTHORITY, ANY UNIFORM, BADGE OR OTHER  INSIGNIA  OR
 FACSIMILE  THEREOF,  BY  WHICH SUCH MEMBER OF THE MILITARY OR VETERAN IS
 LAWFULLY DISTINGUISHED OR EXPRESSES BY HIS OR HER WORDS OR ACTIONS  THAT
 HE  OR SHE IS ACTING WITH THE APPROVAL OR AUTHORITY OF ANY DEPARTMENT OF
 DEFENSE BRANCH OR THE UNITED STATES COAST GUARD FOR THE PURPOSE OF FRAU-
 DULENTLY OBTAINING MONEY OR OTHER BENEFITS.
   STOLEN VALOR IS A CLASS A MISDEMEANOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-01-3
 A. 1818                             2
              

co-Sponsors

multi-Sponsors

2023-A1818A - Details

See Senate Version of this Bill:
S9154
Current Committee:
Assembly Ways And Means
Law Section:
Penal Law
Laws Affected:
Amd §§10.00, 190.25 & 60.35, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5492
2019-2020: A3681
2021-2022: A2271

2023-A1818A - Summary

Provides that a person is guilty of criminal impersonation in the second degree when a person pretends to be a servicemember or former servicemember, or a first responder, or as having received a decoration or medal; establishes a stolen valor fee.

2023-A1818A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1818--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES,
   GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by --  M.
   of A. GLICK, RAMOS -- read once and referred to the Committee on Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the penal law, in relation  to  creating  the  crime  of
   stolen valor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended  by  adding  four
 new subdivisions 23, 24, 25, and 26 to read as follows:
   23.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
 UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
 GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
 NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
   24. "VETERAN" MEANS A PERSON WHO WAS  A  MEMBER  OF  THE  MILITARY  OR
 RESERVES AS DEFINED IN SUBDIVISION TWENTY-THREE OF THIS SECTION, BUT WHO
 HAS SINCE BEEN DISCHARGED FROM SUCH SERVICES.
   25.  "FIRST  RESPONDER"  MEANS A FIREFIGHTER, LAW ENFORCEMENT OFFICER,
 PARAMEDIC, EMERGENCY MEDICAL TECHNICIAN, EMERGENCY SERVICES  DISPATCHER,
 OR  OTHER  INDIVIDUAL,  INCLUDING AN EMPLOYEE OF A LEGALLY ORGANIZED AND
 RECOGNIZED VOLUNTEER ORGANIZATION, WHETHER COMPENSATED OR NOT,  WHO,  IN
 THE COURSE OF HIS OR HER PROFESSIONAL DUTIES, RESPONDS TO FIRE, MEDICAL,
 HAZARDOUS MATERIAL, OR OTHER SIMILAR EMERGENCIES.
   26.  "FIRST RESPONDER AGENCY" MEANS A STATE OR LOCAL DISTRICT, MUNICI-
 PALITY, OR OTHER POLITICAL SUBDIVISION THAT EMPLOYS A  FIRST  RESPONDER,
 TO  PROVIDE  FIRE PROTECTION, PARAMEDIC SERVICES, LAW ENFORCEMENT, EMER-
 GENCY SERVICES, OR RESCUE OR RECOVERY SERVICES, OR A  RECOGNIZED  VOLUN-
 TEER ORGANIZATION THAT PROVIDES FIRE PROTECTION, PARAMEDIC SERVICES, LAW
 ENFORCEMENT, EMERGENCY SERVICES, OR RESCUE OR RECOVERY SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-02-3
 A. 1818--A                          2
              

co-Sponsors

multi-Sponsors

2023-A1818B - Details

See Senate Version of this Bill:
S9154
Current Committee:
Assembly Ways And Means
Law Section:
Penal Law
Laws Affected:
Amd §§10.00, 190.25 & 60.35, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5492
2019-2020: A3681
2021-2022: A2271

2023-A1818B - Summary

Provides that a person is guilty of criminal impersonation in the second degree when a person pretends to be a servicemember or former servicemember, or a first responder, or as having received a decoration or medal; establishes a stolen valor fee.

2023-A1818B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1818--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES,
   GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by --  M.
   of A. GLICK, RAMOS -- read once and referred to the Committee on Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law, in relation  to  creating  the  crime  of
   stolen valor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended  by  adding  four
 new subdivisions 23, 24, 25, and 26 to read as follows:
   23.  "MEMBER  OF  THE  MILITARY OR RESERVES" MEANS (A) A MEMBER OF THE
 UNITED STATES ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD, ARMY NATIONAL
 GUARD, AIR NATIONAL GUARD AND/OR RESERVES THEREOF OR (B) A MEMBER OF THE
 NEW YORK GUARD OR THE NEW YORK NAVAL MILITIA.
   24. "VETERAN" MEANS A PERSON WHO WAS  A  MEMBER  OF  THE  MILITARY  OR
 RESERVES AS DEFINED IN SUBDIVISION TWENTY-THREE OF THIS SECTION, BUT WHO
 HAS SINCE BEEN DISCHARGED FROM SUCH SERVICES.
   25.  "FIRST  RESPONDER"  MEANS A FIREFIGHTER, LAW ENFORCEMENT OFFICER,
 PARAMEDIC, EMERGENCY MEDICAL TECHNICIAN, EMERGENCY SERVICES  DISPATCHER,
 OR  OTHER  INDIVIDUAL,  INCLUDING AN EMPLOYEE OF A LEGALLY ORGANIZED AND
 RECOGNIZED VOLUNTEER ORGANIZATION, WHETHER COMPENSATED OR NOT,  WHO,  IN
 THE COURSE OF HIS OR HER PROFESSIONAL DUTIES, RESPONDS TO FIRE, MEDICAL,
 HAZARDOUS MATERIAL, OR OTHER SIMILAR EMERGENCIES.
   26.  "FIRST RESPONDER AGENCY" MEANS A STATE OR LOCAL DISTRICT, MUNICI-
 PALITY, OR OTHER POLITICAL SUBDIVISION THAT EMPLOYS A  FIRST  RESPONDER,
 TO  PROVIDE  FIRE PROTECTION, PARAMEDIC SERVICES, LAW ENFORCEMENT, EMER-
 GENCY SERVICES, OR RESCUE OR RECOVERY SERVICES, OR A  RECOGNIZED  VOLUN-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-03-4
              

co-Sponsors

multi-Sponsors

2023-A1818C (ACTIVE) - Details

See Senate Version of this Bill:
S9154
Current Committee:
Assembly Ways And Means
Law Section:
Penal Law
Laws Affected:
Amd §§10.00, 190.25 & 60.35, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A5492
2019-2020: A3681
2021-2022: A2271

2023-A1818C (ACTIVE) - Summary

Provides that a person is guilty of criminal impersonation in the second degree when a person pretends to be a servicemember or former servicemember, or a first responder, or as having received a decoration or medal; establishes a stolen valor fee.

2023-A1818C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1818--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, BENEDETTO, COLTON, PEOPLES-STOKES,
   GUNTHER, WOERNER, RIVERA, STECK, BRABENEC -- Multi-Sponsored by --  M.
   of A. GLICK, RAMOS -- read once and referred to the Committee on Codes
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Codes  in  accordance  with  Assembly  Rule  3,  sec.  2  -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the penal law, in relation to  criminal impersonation in
   the second degree and establishes a stolen valor fee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 10.00 of the penal law is amended  by  adding  five
 new subdivisions 23, 24, 25, 26 and 27 to read as follows:
   23. "MILITARY OR RESERVES" MEANS (A) THE UNITED STATES ARMY, NAVY, AIR
 FORCE,  MARINES,  SPACE  FORCE,  COAST  GUARD, COMMISSIONED CORPS OF THE
 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, COMMISSIONED  CORPS  OF
 THE PUBLIC HEALTH SERVICE,  AND THE RESERVE COMPONENTS THEREOF INCLUDING
 THE ARMY NATIONAL GUARD AND AIR NATIONAL GUARD OR (B) THE NEW YORK GUARD
 OR THE NEW YORK NAVAL MILITIA, OR THE ORGANIZED MILITIA OR DEFENSE FORCE
 OF  ANY  OTHER  STATE, TERRITORY OR THE DISTRICT OF COLUMBIA, OR (C) ANY
 GROUP DESIGNATED BY THE  FEDERAL  GOVERNMENT  AS  PERFORMING  OR  HAVING
 PERFORMED  ACTIVE MILITARY, NAVAL, AIR, OR SPACE SERVICE FOR PURPOSES OF
 ELIGIBILITY FOR BENEFITS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF
 VETERANS AFFAIRS.
   24.  "SERVICEMEMBER" MEANS A PERSON SERVING AS A MEMBER OF  THE  MILI-
 TARY OR RESERVES.
   25.  "FORMER  SERVICEMEMBER"  MEANS  A  PERSON WHO WAS A MEMBER OF THE
 MILITARY OR RESERVES AS DEFINED  IN  SUBDIVISION  TWENTY-THREE  OF  THIS
 SECTION AND WHO WAS DISCHARGED OR RELEASED THEREFROM.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00836-07-4
              

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