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S1926Senate2011-2012 Session

Removes requirement that person be informed of the consequences of such act to be guilty of the crime of false personation; raises penalty from class B to class A

Sponsor James S. AlesiSD-55Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
James S. Alesi

Senator · Senate District 55

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

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

Sponsor's memo

BILL NUMBER:S1926

Title of bill

An act to amend the penal law, in relation to the crime of false personation

Purpose

To strengthen the penalty for knowingly misrepresenting an individual's identity to a police officer.

Summary of provisions

Section 1: removes the requirement that a person must be informed of the consequences of knowingly misrepresenting himself or herself to a police officer. Therefore, the statute would only require that an individual knowingly misrepresent their identity to a police officer. This legislation changes the crime of false personation from a "B" to an "A" misdemeanor.

Existing law

A person is guilty of false personation when after being informed of the consequences of the act, he or she knowingly misrepresents his or her identity to a police officer. Currently, this offense is a "B" misdemeanor.

Justification

This legislation removes the unnecessary requirement that an impersonator be informed of the consequences of his or her actions before they may be considered guilty of false personation. Also, the bill stiffens the penalty for such an offense. Stealing a person's identity to avoid prosecution for a crime is a serious offense which warrants severe punishment.

The impetus for this legislation was an incident in Rochester where an arrested individual used an innocent man's identity to conceal his true name and address from the police. It took the innocent man a great deal of time and effort to clear his name of this incident. Under the current law, the false impersonator would receive only up to a $500 fine or three months in prison.

This legislation not only would make it easier to prove that an individual committed this offense but also would provide that the crime of false personation is appropriately punished.

Legislative history

2007-2008 - Passed Senate 2009-2010 - Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first day of November 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.