Bill Text: NY S02748 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO CODES [S02748 Detail]

Download: New_York-2013-S02748-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2748
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to  criminal  use  of  public
         records
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is amended by adding two new sections  240.77
    2  and 240.79 to read as follows:
    3  S 240.77 CRIMINAL USE OF PUBLIC RECORDS; DEFINITION.
    4    FOR  THE  PURPOSES  OF  SECTION 240.79 OF THIS ARTICLE, "RECORD" SHALL
    5  HAVE THE SAME MEANING ASCRIBED TO  SUCH  TERM  BY  SUBDIVISION  FOUR  OF
    6  SECTION EIGHTY-SIX OF THE PUBLIC OFFICERS LAW.
    7  S 240.79 CRIMINAL USE OF PUBLIC RECORDS.
    8    A  PERSON  IS  GUILTY OF CRIMINAL USE OF PUBLIC RECORDS WHEN HE OR SHE
    9  INTENTIONALLY OBTAINS ANY RECORD, WITH THE INTENT TO USE SUCH RECORD  IN
   10  THE  COMMISSION OF A CRIME, THROUGH THE PROCESS PROVIDED PURSUANT TO THE
   11  PUBLIC OFFICERS LAW, AND ATTEMPTS TO USE OR  USES  SUCH  RECORD  IN  THE
   12  COURSE OF, IN FURTHERANCE OF, OR AS AN INSTRUMENTALITY IN THE COMMISSION
   13  OF A CRIME.
   14    CRIMINAL USE OF PUBLIC RECORDS IS A CLASS E FELONY.
   15    S 2. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07386-01-3