Filing false liens or encumbrances against public officers or public employees is a first degree class E felony

1 Co-sponsor

• Kathleen A. Marchione

BILL NUMBER:S1558

Title of bill

An act to amend the penal law, in relation to filing false liens against public officers or public employees

Summary of provisions

Section 1 amends section 175.35 of the penal law, as amended by Chapter 99 of the laws of 1998 to add a new subdivision 3. This new subdivision makes knowingly filing a false lien or encumbrance in a public record or private record that is generally available to the public against a public officer or public employer on account of the performance of such public officer's or employee's official duties, or with intent to harass, intimidate or otherwise attempt to affect the actions of the official or employee, knowing or having reason to know that such lien or encumbrance is false, or contains materially false fictitious or fraudulent statements or representations a class E felony.

Section 2 provides that this act shall take effect on the ninetieth day after it shall have become law.

Purpose and justification

More and more frequently, public officials and employees, and particularly judges, are discovering that disgruntled citizens and defendants have resorted to filing fraudulent lawsuits in an effort to punish and harass such officials, or to try to intimidate and unlawfully affect the actions or decisions of such officials and employees. Such fraudulent filings subvert our governmental functions and our courts and can lead to thousands of dollars in costs and many hours of anxiety for officials and employees who are simply trying to do their jobs.

Existing law

Penal Law 175.35 relates to the filing of a false instrument.

Prior legislative history

2013-14 - S.3482-A/A.5946-A - CODES/Codes

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become law.