Bill Text: NY A04498 | 2017-2018 | General Assembly | Introduced

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Bill Title: Provides that filing false liens or encumbrances against public officers or public employees, or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, is a first degree class E felony.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A04498 Detail]

Download: New_York-2017-A04498-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4498
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced by M. of A. SCHIMMINGER, MAGNARELLI, MONTESANO -- Multi-Spon-
          sored  by  -- M.  of A. ABBATE, ARROYO, COOK -- read once and referred
          to the Committee on Codes
        AN ACT to amend the penal law, in relation to filing false liens against
          public officers or public employees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1.  Section 175.35 of the penal law, as amended by chapter 490
     2  of the laws of 2013, is amended to read as follows:
     3  § 175.35 Offering a false instrument for filing in the first degree.
     4    A  person  is  guilty of offering a false instrument for filing in the
     5  first degree when:
     6    1. knowing that a written instrument contains  a  false  statement  or
     7  false information, and with intent to defraud the state or any political
     8  subdivision,  public  authority  or  public  benefit  corporation of the
     9  state, he or she offers or presents it to a public office, public  serv-
    10  ant,  public  authority or public benefit corporation with the knowledge
    11  or belief that it will be filed  with,  registered  or  recorded  in  or
    12  otherwise  become  a  part  of the records of such public office, public
    13  servant, public authority or public benefit corporation; or
    14    2. (a) he or she commits the crime of offering a false instrument  for
    15  filing in the second degree; and
    16    (b) such instrument is a financing statement the contents of which are
    17  prescribed by section 9--502 of the uniform commercial code, the collat-
    18  eral  asserted  to  be  covered  in  such statement is the property of a
    19  person who is a state or local officer as defined by section two of  the
    20  public  officers  law  or  who  otherwise  is  a judge or justice of the
    21  unified court system, such financing statement does  not  relate  to  an
    22  actual  transaction,  and  he  or  she filed such financing statement in
    23  retaliation for the performance of official duties by such person[.]; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07953-01-7
        A. 4498                             2
     1    3. he or she knowingly files a false lien or encumbrance in  a  public
     2  record  or  private  record  that  is  generally available to the public
     3  against the real or personal property of  a  public  officer  or  public
     4  employee  on  account  of  the  performance  of such public officer's or
     5  public  employee's official duties, or with the intent to harass, intim-
     6  idate or otherwise attempt to affect the actions of the public  official
     7  or  public  employee, knowing or having reason to know that such lien or
     8  encumbrance is false or contains materially false, fictitious, or  frau-
     9  dulent statements or representations.
    10    Offering  a false instrument for filing in the first degree is a class
    11  E felony.
    12    § 2. This act shall take effect on the ninetieth day  after  it  shall
    13  have become a law.