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S1998Senate2011-2012 SessionSame asA5700

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-8+5 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
Charles J. Fuschillo Jr.

Senator · Senate District 8

Chair, Transportation

History

  1. Approval memo.20
  2. Signed chap.492
  3. Delivered to governor
  4. Returned to senate
  5. Passed assembly
  6. Ordered to third reading rules cal.441
  7. Substituted for A5700A
  8. Referred to judiciary
  9. Delivered to assembly
  10. Passed senateVote 58–0
  11. Amended on third reading 1998a
  12. Advanced to third reading
Show 12 earlier actions
  1. 2nd report cal.
  2. 1st report cal.38
  3. Referred to judiciary
  4. Returned to senate
  5. Died in assembly
  6. Referred to judiciary
  7. Delivered to assembly
  8. Passed senateVote 59–0
  9. Advanced to third reading
  10. 2nd report cal.
  11. 1st report cal.123
  12. 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.

A5700Assembly

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

Assembly Floor Calendar · Sponsor Edward Braunstein

Full text

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

Sponsor's memo

BILL NUMBER:S1998A

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 increase penalties for the unlawful practice of law when such actions cause damages in excess of $1000.

Summary of provisions

Section one amends section 478 of the Judiciary Law to provide a pro hac vice exception to unlawful practice.

Section two makes technical amendments to section 485 of the Judiciary Law.

Section three amends the Judiciary Law to create a new section 485-a, establishing a class D felony for violations of sections 478, 484, 486 or 495 of the Judiciary Law when the violation causes more than $1000 in damages.

Section 4 makes conforming amendments to section 486 of the Judiciary Law.

Section 5 makes conforming amendments to section 495 of the Judiciary Law.

Section 6 provides the effective date.

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 other professions.

Legislative history

2011-2012 Passed Senate (S.1998/A.5700) 2009-2010 Passed Senate (S.41/A.1643) 2007-2008 Passed Senate (S.2358/A.8563) 2005-2006 Passed Senate (S.1865/A.5169)

Fiscal implications

None to the State.

Effective date

This act shall take effect on the first of November 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.