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S1578Senate2009-2010 Session

Creates class E felony of criminal use of public records

Sponsor Martin J. GoldenSD-22+5 co-sponsorsAffects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

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In committee · Codes

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History

  1. Referred to codes
  2. Referred to codes

Full text

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Sponsor's memo

Title of bill

An act to amend the penal law, in relation to criminal use of public records

Purpose

To create a new category of crime for the use of government documents for the purpose of advancing criminal activity.z

Summary of provisions

Section one amends the penal law to provide that the use of public records for the purposes of committing a crime shall be a Class E felony.

Justification

The Freedom of Information Law (FOIL) is based on the ideal that "a free society is maintained when government is responsive and responsible to the public, and when the public is aware of governmental actions." It was this idea of open access to government documents that has, unfortunately, come under abuse by convicts and others with questionable and/or harmful motives. Recently, there has been an increase in instances where unscrupulous individuals use FOIL to gain personal data on unsuspecting citizens. The crime of identity theft is all the more offensive when government document are used, because the perpetrators are abusing a freedom we all enjoy. The use of government documents in this manner is unacceptable and should be prevented.

Prior legislative history

S.3962 of 2003-04, passed Senate both years, S.1823 of 2005-06, Passed Senate both years, S.158, passed Senate 2007 and 2008

Fiscal implications

None.

Effective date

November 1 next succeeding the date on which it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.