Bill Text: NY A01818 | 2023-2024 | General Assembly | Amended
Bill Title: 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.
Spectrum: Strong Partisan Bill (Democrat 10-1)
Status: (Introduced) 2024-05-22 - reported referred to ways and means [A01818 Detail]
Download: New_York-2023-A01818-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1818--C 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 10.00 of the penal law is amended by adding five 2 new subdivisions 23, 24, 25, 26 and 27 to read as follows: 3 23. "Military or reserves" means (a) the United States army, navy, air 4 force, marines, space force, coast guard, commissioned corps of the 5 National Oceanic and Atmospheric Administration, commissioned corps of 6 the Public Health Service, and the reserve components thereof including 7 the army national guard and air national guard or (b) the New York guard 8 or the New York naval militia, or the organized militia or defense force 9 of any other state, territory or the District of Columbia, or (c) any 10 group designated by the federal government as performing or having 11 performed active military, naval, air, or space service for purposes of 12 eligibility for benefits administered by the United States department of 13 veterans affairs. 14 24. "Servicemember" means a person serving as a member of the mili- 15 tary or reserves. 16 25. "Former servicemember" means a person who was a member of the 17 military or reserves as defined in subdivision twenty-three of this 18 section and who was discharged or released therefrom. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00836-07-4A. 1818--C 2 1 26. "First responder" means a firefighter, law enforcement officer, 2 paramedic, emergency medical technician, emergency services dispatcher, 3 or other individual, whether compensated or not, who, in the course of 4 their professional or volunteer duties, responds to fire, medical, 5 hazardous material, or other similar emergencies. 6 27. "First responder agency" means a state or local district, munici- 7 pality, or other political subdivision or volunteer organization for 8 which a first responder provides fire protection, paramedic services, 9 law enforcement, emergency services, or rescue or recovery services. 10 § 2. Subdivision 5 of section 190.25 of the penal law, as added by 11 chapter 739 of the laws of 2021, is amended and two new subdivisions 6 12 and 7 are added to read as follows: 13 5. Impersonates another person, without such other person's permis- 14 sion, by using the other person's electronic signature with intent to 15 obtain a benefit or injure or defraud the other person or another 16 person. For the purposes of this subdivision, electronic signature shall 17 have the same meaning as set forth in subdivision three of section three 18 hundred two of the state technology law[.]; or 19 6. (a) Pretends to be a servicemember or former servicemember, or 20 wears or displays without authority, any uniform, badge or other insig- 21 nia or facsimile thereof by which such servicemember or former servicem- 22 ember is lawfully distinguished, or falsely holds oneself out to be a 23 recipient of a decoration or medal created by federal or state laws and 24 regulations to honor servicemembers or former servicemembers or falsely 25 expresses by such person's words or actions that such person is a servi- 26 cemember or former servicemember or is acting with approval or authority 27 of the military or reserves; and (b) so acts with intent to obtain a 28 benefit or to injure or defraud another or induce another to submit to 29 such pretended official authority, to solicit funds or to otherwise 30 cause another to act in reliance upon that pretense; or 31 7. (a) Pretends to be a first responder, or wears or displays without 32 authority any uniform, badge, insignia or facsimile thereof by which 33 such first responder is lawfully distinguished, or falsely holds oneself 34 out to be a recipient of a decoration or medal created by federal or 35 state laws and regulations to honor first responders, or falsely 36 expresses by such person's words or actions that such person is a first 37 responder or is acting with approval or authority of a first responder 38 agency; and (b) so acts with intent to obtain a benefit or to injure or 39 defraud another or induce another to submit to such pretended official 40 authority, to solicit funds or to otherwise cause another to act in 41 reliance upon that pretense. 42 § 3. Subdivisions 1, 2 and 3 of section 60.35 of the penal law, as 43 amended by section 1 of part E of chapter 56 of the laws of 2004, 44 subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision 1 as 45 amended by section 1 of part DD of chapter 56 of the laws of 2008 and 46 paragraph (b) of subdivision 1 as amended by chapter 320 of the laws of 47 2006, are amended to read as follows: 48 1. (a) Except as provided in section eighteen hundred nine of the 49 vehicle and traffic law and section 27.12 of the parks, recreation and 50 historic preservation law, whenever proceedings in an administrative 51 tribunal or a court of this state result in a conviction for a felony, a 52 misdemeanor, or a violation, as these terms are defined in section 10.00 53 of this chapter, there shall be levied at sentencing a mandatory 54 surcharge, sex offender registration fee, DNA databank fee [and], a 55 crime victim assistance fee, and a stolen valor fee in addition to anyA. 1818--C 3 1 sentence required or permitted by law, in accordance with the following 2 schedule: 3 (i) a person convicted of a felony shall pay a mandatory surcharge of 4 three hundred dollars and a crime victim assistance fee of twenty-five 5 dollars; 6 (ii) a person convicted of a misdemeanor shall pay a mandatory 7 surcharge of one hundred seventy-five dollars and a crime victim assist- 8 ance fee of twenty-five dollars; 9 (iii) a person convicted of a violation shall pay a mandatory 10 surcharge of ninety-five dollars and a crime victim assistance fee of 11 twenty-five dollars; 12 (iv) a person convicted of a sex offense as defined by subdivision two 13 of section one hundred sixty-eight-a of the correction law or a sexually 14 violent offense as defined by subdivision three of section one hundred 15 sixty-eight-a of the correction law shall, in addition to a mandatory 16 surcharge and crime victim assistance fee, pay a sex offender registra- 17 tion fee of fifty dollars[.]; 18 (v) a person convicted of a designated offense as defined by subdivi- 19 sion seven of section nine hundred ninety-five of the executive law 20 shall, in addition to a mandatory surcharge and crime victim assistance 21 fee, pay a DNA databank fee of fifty dollars[.]; 22 (vi) a person convicted of any offense pursuant to subdivision six or 23 seven of section 190.25 of this chapter shall, in addition to a mandato- 24 ry surcharge and crime victim assistance fee, pay any other fee required 25 by this article, and pay a stolen valor fee in the amount of two hundred 26 fifty dollars. 27 (b) When the felony or misdemeanor conviction in subparagraphs (i), 28 (ii) or (iv) of paragraph (a) of this subdivision results from an 29 offense contained in article one hundred thirty of this chapter, incest 30 in the third, second or first degree as defined in sections 255.25, 31 255.26 and 255.27 of this chapter or an offense contained in article two 32 hundred sixty-three of this chapter, the person convicted shall pay a 33 supplemental sex offender victim fee of one thousand dollars in addition 34 to the mandatory surcharge and any other fee. 35 2. Where a person is convicted of two or more crimes or violations 36 committed through a single act or omission, or through an act or omis- 37 sion which in itself constituted one of the crimes or violations and 38 also was a material element of the other, the court shall impose a 39 mandatory surcharge and a crime victim assistance fee, and where appro- 40 priate a supplemental sex offender victim fee or a stolen valor fee, in 41 accordance with the provisions of this section for the crime or 42 violation which carries the highest classification, and no other 43 sentence to pay a mandatory surcharge, crime victim assistance fee [or], 44 supplemental sex offender victim fee, or a stolen valor fee required by 45 this section shall be imposed. Where a person is convicted of two or 46 more sex offenses or sexually violent offenses, as defined by subdivi- 47 sions two and three of section one hundred sixty-eight-a of the 48 correction law, committed through a single act or omission, or through 49 an act or omission which in itself constituted one of the offenses and 50 also was a material element of the other, the court shall impose only 51 one sex offender registration fee. Where a person is convicted of two or 52 more designated offenses, as defined by subdivision seven of section 53 nine hundred ninety-five of the executive law, committed through a 54 single act or omission, or through an act or omission which in itself 55 constituted one of the offenses and also was a material element of the 56 other, the court shall impose only one DNA databank fee.A. 1818--C 4 1 3. The mandatory surcharge, sex offender registration fee, DNA data- 2 bank fee, crime victim assistance fee, [and] supplemental sex offender 3 victim fee, and stolen valor fee provided for in subdivision one of this 4 section shall be paid to the clerk of the court or administrative tribu- 5 nal that rendered the conviction. Within the first ten days of the month 6 following collection of the mandatory surcharge, crime victim assistance 7 fee, and supplemental sex offender victim fee, the collecting authority 8 shall determine the amount of mandatory surcharge, crime victim assist- 9 ance fee, [and] supplemental sex offender victim fee, and stolen valor 10 fee collected and, if it is an administrative tribunal, or a town or 11 village justice court, it shall then pay such money to the state comp- 12 troller who shall deposit such money in the state treasury pursuant to 13 section one hundred twenty-one of the state finance law to the credit of 14 the criminal justice improvement account established by section ninety- 15 seven-bb of the state finance law. Within the first ten days of the 16 month following collection of the sex offender registration fee and DNA 17 databank fee, the collecting authority shall determine the amount of the 18 sex offender registration fee and DNA databank fee collected and, if it 19 is an administrative tribunal, or a town or village justice court, it 20 shall then pay such money to the state comptroller who shall deposit 21 such money in the state treasury pursuant to section one hundred twen- 22 ty-one of the state finance law to the credit of the general fund. If 23 such collecting authority is any other court of the unified court 24 system, it shall, within such period, pay such money attributable to the 25 mandatory surcharge or crime victim assistance fee to the state commis- 26 sioner of taxation and finance to the credit of the criminal justice 27 improvement account established by section ninety-seven-bb of the state 28 finance law. If such collecting authority is any other court of the 29 unified court system, it shall, within such period, pay such money 30 attributable to the sex offender registration fee and the DNA databank 31 fee to the state commissioner of taxation and finance to the credit of 32 the general fund. Notwithstanding any other provision of this subdivi- 33 sion, all monies paid to the state comptroller or to the commissioner of 34 taxation and finance which are attributable to monies collected for the 35 stolen valor fee shall be credited to the veterans remembrance and ceme- 36 tery maintenance and operation fund established pursuant to section 37 ninety-seven-mmmm of the state finance law. 38 § 4. This act shall take effect immediately.
