Bill Text: NY S07661 | 2023-2024 | General Assembly | Introduced

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Bill Title: Adds impersonation of board of elections members or other election officers, or an employee thereof, to the crime of criminal impersonation in the first degree.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO CODES [S07661 Detail]

Download: New_York-2023-S07661-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7661

                               2023-2024 Regular Sessions

                    IN SENATE

                                   September 20, 2023
                                       ___________

        Introduced  by  Sen. WALCZYK -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the penal law, in relation  to  the  crime  of  criminal
          impersonation 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 190.26 of the penal law, as amended by chapter 2 of
     2  the laws of 1998 and subdivision 1 as amended by chapter 434 of the laws
     3  of 2008, is amended to read as follows:
     4  § 190.26 Criminal impersonation in the first degree.
     5    A person is guilty of criminal impersonation in the first degree  when
     6  he:
     7    1.  (a)  Pretends  to be a police officer or a federal law enforcement
     8  officer as enumerated in section 2.15 of the criminal procedure law,  or
     9  wears  or displays without authority, any uniform, badge or other insig-
    10  nia or facsimile thereof, by which such police officer  or  federal  law
    11  enforcement officer is lawfully distinguished or expresses by his or her
    12  words or actions that he or she is acting with the approval or authority
    13  of  any police department or acting as a federal law enforcement officer
    14  with the approval of any agency that  employs  federal  law  enforcement
    15  officers  as  enumerated  in section 2.15 of the criminal procedure law;
    16  and
    17    [2.] (b) So acts with intent to  induce  another  to  submit  to  such
    18  pretended  official  authority or otherwise to act in reliance upon said
    19  pretense and in the course of  such  pretense  commits  or  attempts  to
    20  commit a felony; or
    21    2.  (a) Pretends to be a member of a board of elections or an election
    22  officer, as such terms are defined by section 1-104 of the election law,
    23  or an employee thereof; and
    24    (b) So acts with intent to cause another to act in reliance upon  such
    25  pretense; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13185-02-3
        S. 7661                             2

     1    3.  Pretending to be a duly licensed physician or other person author-
     2  ized to issue a prescription for any drug or any  instrument  or  device
     3  used in the taking or administering of drugs for which a prescription is
     4  required by law, communicates to a pharmacist an oral prescription which
     5  is  required  to  be reduced to writing pursuant to section thirty-three
     6  hundred thirty-two of the public health law.
     7    Criminal impersonation in the first degree is a class E felony.
     8    § 2. This act shall take effect on the first of November next succeed-
     9  ing the date on which it shall have become a law.