Bill Text: NY A08362 | 2023-2024 | General Assembly | Introduced

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Bill Title: Includes filing certain building permit applications containing false statements regarding tenant occupancy in the offense of offering a false instrument for filing in the first degree.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to codes [A08362 Detail]

Download: New_York-2023-A08362-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8362

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced by M. of A. SIMONE -- read once and referred to the Committee
          on Codes

        AN  ACT  to amend the penal law, in relation to including filing certain
          building permit applications  containing  false  statements  regarding
          tenant  occupancy  in  the  offense of offering a false instrument for
          filing in the first degree

          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.
                                                                   LBD05390-01-3
        A. 8362                             2

     1    3. with intent to obtain a building permit in violation of an existing
     2  law,  rule  or  regulation,  he  or  she  offers or presents to a public
     3  office, public servant, public authority or public benefit corporation a
     4  building permit application for purposes of demolishing or significantly
     5  renovating  a  property  located  in  a  city having a population of one
     6  million or more persons, knowing that such building  permit  application
     7  contains  a false statement or false information regarding the extent of
     8  the tenant occupancy.
     9    Offering a false instrument for filing in the first degree is a  class
    10  E felony.
    11    § 2. This act shall take effect on the first of November next succeed-
    12  ing the date upon which it shall have become a law.