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S3740Senate2013-2014 Session

Includes falsely soliciting for property within the crime of scheme to defraud in the second degree

Sponsor Joseph P. Addabbo Jr.SD-15Affects Legal
Status
In Assembly Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Codes

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Sponsors

Primary sponsor
Joseph P. Addabbo Jr.

Senator · Senate District 15

No co-sponsors yet.

History

  1. Referred to codes
  2. Delivered to assembly
  3. Passed senateVote 59–0
  4. Ordered to third reading cal.1112
  5. Committee discharged and committed to rules
  6. Referred to codes
  7. Returned to senate
  8. Died in assembly
  9. Referred to codes
  10. Delivered to assembly
  11. Passed senateVote 62–1
  12. Ordered to third reading cal.730
Show 2 earlier actions
  1. Committee discharged and committed to rules
  2. Referred to codes

Full text

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

Sponsor's memo

BILL NUMBER:S3740

Title of bill

An act to amend the penal law, in relation to including falsely soliciting for property within the crime of scheme to defraud in the second degree

Purpose

To address a pressing need and make it a crime for a perpetrator to disguise themselves and falsely solicit donations, gifts or any other tangible property for the sole benefit of the perpetrator and/or group.

Summary of provisions

Section 1: Section 190.60 of the Penal law is amended to include the action of falsely soliciting donations, gifts or any other property within the scheme to defraud in the second degree.

Section 2: Effective date of bill.

Justification

This is a scam that is well-known and all too frequent: the misrepresen- tation of an organization and "the ask" for donations, gifts or any other property. Mortgage lenders, the New York State Police Benevolent Association, the New York City Police Department, banks, credit card issuers and others have fell victim to perpetrators falsely claiming they represent such entity.

In fact, the New York State Police Benevolent Association was identified as a scam by the State Attorney General's Office during the holiday season of 2006. The callers said they were the fundraising arm for the State Troopers, and then went on to request personal information such as a bank account, debit and credit card numbers. Soon after, the PBA released a statement and notified people that the state police does not solicit donations over the phone. This applies to city agencies as well. Some examples of a perpetrators' "ask" included collecting money in support of parole and probation officers, and fallen officers' children.

To limit this practice and deter perpetrators from preying on innocent victims, this bill will include the action of falsely soliciting donations within the scheme to defraud in the second degree, a class A misdemeanor.

Legislative history

2011- S. 5022 A - Passed Senate 2012: S. 5022-A - Referred to Codes

Fiscal implications

None.

Effective date

Shall take effect on November 1st succeeding the date on which it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.