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History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–1
- Advanced to third reading
- 2nd report cal.
- 1st report cal.634
- Referred to codes
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.
Creates class E felony of criminal use of public records
In Assembly Committee · Codes · Sponsor Alec Brook-Krasny
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2748
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.
Summary of provisions
Section one amends the penal law by adding two new sections; 240.77 and 240.79. New section 240.77 defines the term "record" for purposes of new section 240.79. The term "record" has the same meaning as in public officers law section 86(4). New section 240.79 provides that it is a class "E" felony for a person to intentionally obtain records through the Freedom of Information Law (FOIL) with the intent to use such records in the commission of a crime and uses or attempts to use such records as an instrumentality in the commission a crime or in the commission or furtherance of a crime.
Section two provides the effective date.
Existing law
Currently, persons who use records obtained pursuant to FOIL as an instrumentality in the commission of a crime or in commission of furtherance of a crime is not subject to criminal penalties under the penal law.
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 govern- mental 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 more offensive when government documents 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.
Legislative history
2012: S.2168 - Referred to Codes 2011: S.2168 - Passed Senate 2009-10: S.1578 - Referred to Codes both years 2007-08: S.158 - Passed Senate both years 2006: S.1823-A - Passed Senate 2005: S.1823 - Passed Senate 2003-04: S.3962 - Passed Senate both years
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.