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S41Senate2009-2010 SessionSame asA1643

Changes the penalty for practicing or appearing as an attorney-at-law without being admitted and registered to a felony

Sponsor Charles J. Fuschillo Jr.SD-8Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Judiciary

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Sponsors

Primary sponsor
Charles J. Fuschillo Jr.

Senator · Senate District 8

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Delivered to assembly
  3. Passed senateVote 61–0
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.822
  7. Reported and committed to codes
  8. Referred to judiciary
  9. Returned to senate
  10. Died in assembly
  11. Referred to judiciary
  12. Delivered to assembly
Show 6 earlier actions
  1. Passed senateVote 61–0
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.21
  5. Reported and committed to codes
  6. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1643Assembly

Changes the penalty for practicing or appearing as an attorney-at-law without being admitted and registered to a felony

In Assembly Committee · Judiciary · Sponsor Jonathan Bing

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the judiciary law, in relation to practicing or appearing as an attorney-at-law without being admitted and registered

Purpose

The purpose of this legislation is to amend the Judiciary Law to make the unlawful practice of law a class E felony.

Summary of provisions

Section one of this legislation would amend section 478 of the Judiciary Law to provide that any person practicing or appearing as an attorney-at-law or as an attorney and counselor-at-law (or equivalent terms) without having first been duly and regularly licensed and admitted to practice law in the courts of record of this state, and without having taken the constitutional oath would be guilty of a class E felony.

Section two would amend section 485 of the Judiciary Law, to remove section 478 from the sections which if violated would constitute a misdemeanor.

Existing law

Currently, those persons who hold themselves out as an attorney-at-law or counselor-at-law without being admitted and registered are guilty of a misdemeanor.

Justification

The purpose of this legislation is to provide consistency within the law regarding the unauthorized practice of a profession. Under section 6512 of the Education Law, anyone not authorized to practice under Title VIII who practices or holds himself (or herself) out as being able to practice in any profession for which a license is required commits a class E felony. Examples of those professionals licensed under Title VIII of the Education Law include physicians, chiropractors, dentists, veterinarians, physical therapists, pharmacists, registered professional nurses, licensed practical nurses, licensed master social workers, certified public accountants. landscape architects, certified shorthand reporters, etc.

Licenses and registration ensure the public that a certain level of competency has been achieved to practice within a profession. Certainly, the unlawful practice of law should constitute a crime equivalent to the unauthorized practice of a profession.

Legislative history

2005-2006 Passed Senate (S.1865/A.5l69). 2007-2008 Passed Senate (S.2358/A.8563).

Fiscal implications

None to the State.

Effective date

This act shall take effect on the sixtieth day after 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.