S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8095
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 29, 2023
                                ___________
 
 Introduced by M. of A. NORRIS -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to the crime of criminal
   impersonation in the first degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 190.26 of the penal law, as amended by chapter 2 of
 the laws of 1998 and subdivision 1 as amended by chapter 434 of the laws
 of 2008, is amended to read as follows:
 § 190.26 Criminal impersonation in the first degree.
   A  person is guilty of criminal impersonation in the first degree when
 he:
   1. (A) Pretends to be a police officer or a  federal  law  enforcement
 officer  as enumerated in section 2.15 of the criminal procedure law, or
 wears or displays without authority, any uniform, badge or other  insig-
 nia  or  facsimile  thereof, by which such police officer or federal law
 enforcement officer 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 police department or acting as a federal law enforcement  officer
 with  the  approval  of  any agency that employs federal law enforcement
 officers as enumerated in section 2.15 of the  criminal  procedure  law;
 and
   [2.]  (B)  So  acts  with  intent  to induce another to submit to such
 pretended official authority or otherwise to act in reliance  upon  said
 pretense  and  in  the  course  of  such pretense commits or attempts to
 commit a felony; or
   2. (A) PRETENDS TO BE A MEMBER OF A BOARD OF ELECTIONS OR AN  ELECTION
 OFFICER, AS SUCH TERMS ARE DEFINED BY SECTION 1-104 OF THE ELECTION LAW,
 OR AN EMPLOYEE THEREOF; AND
   (B)  SO ACTS WITH INTENT TO CAUSE ANOTHER TO ACT IN RELIANCE UPON SUCH
 PRETENSE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13185-02-3
              

 A. 8095                             2
 
   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.
   Criminal impersonation in the first degree is a class E felony.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.