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History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.822
- Reported and committed to codes
- Referred to judiciary
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
Show 6 earlier actions
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.21
- Reported and committed to codes
- 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.
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.