Bill Text: NY A05642 | 2015-2016 | General Assembly | Amended


Bill Title: Establishes certain offenses relating to structuring and money laundering.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-02-08 - print number 5642a [A05642 Detail]

Download: New_York-2015-A05642-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5642--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                      March 3, 2015
                                       ___________
        Introduced  by M. of A. QUART -- Multi-Sponsored by -- M. of A. SIMON --
          read once and referred to the Committee on Codes -- 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  establishing  certain
          offenses relating to structuring and money laundering
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 470.00 of the penal law is amended by adding  three
     2  new subdivisions 11, 12 and 13 to read as follows:
     3    11.  "Structures"  for  purposes of sections 470.30 and 470.31 of this
     4  article, a person structures a transaction  when,  with  the  intent  to
     5  evade  any reporting requirement under the New York state banking law or
     6  31 U.S.C. §§ 5311 through 5326, or any regulation prescribed thereunder,
     7  he or she conducts or attempts to conduct one  or  more  related  trans-
     8  actions  in  currency,  in any amount, with one or more financial insti-
     9  tutions, on one or more days. Structuring includes, but is  not  limited
    10  to, the breaking down of a single sum of currency exceeding ten thousand
    11  dollars  into  smaller  sums,  including  sums  at or below ten thousand
    12  dollars, or the conduct of a transaction, or series of  currency  trans-
    13  actions,  including  transactions  at or below ten thousand dollars. The
    14  transaction or transactions need not  exceed  the  ten  thousand  dollar
    15  reporting threshold at any single financial institution or on any single
    16  day in order to constitute structuring.
    17    12.  "Monetary  transaction"  means  a  deposit,  withdrawal, transfer
    18  between accounts, exchange  of  currency,  loan,  extension  of  credit,
    19  purchase  or  sale  of any stock, bond, certificate of deposit, or other
    20  monetary instrument, use of a safe deposit box, or  any  other  payment,
    21  transfer,  or  delivery  by,  through, or to a financial institution, by
    22  whatever means effected, except that "monetary  transaction"  shall  not
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01867-04-6
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