Creates class E felony of criminal use of public records

BILL NUMBER:S3225

Title of bill

An act to amend the penal law, in relation to criminal use of public records

Purpose

To create a new offense to obtain government documents for the purpose of advancing criminal activity.

Summary of provisions

Section one of this bill amends the Penal Law by adding two new sections; 240.78 and 240.79. New section 240.78 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, with the intent to use a record in the commission of a crime to intentionally obtain records through the Freedom of Information Law (FOIL) process and use or attempt to use such record as an instrumentality in the commission a crime or in the commission or furtherance of a crime.

Section two of this bill provides that this act shall take effect on the first of November next succeeding the date on which it shall have become a law.

Existing law

Currently, any person who uses records obtained pursuant to FOIL as an instrumentality in the commission of a crime or in 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 governmental 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.

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

2014: S.2748 - Referred to Codes 2013: S.2748 - Passed the Senate 2012: S.2168 - Referred to Codes 2011: S.2168 - Passed the Senate 2009-10: S.1578 - Referred to Codes both years

2007-08: S.158 - Passed the Senate both years 2006: S.1823-A - Passed the Senate 2005: S.1823 - Passed the Senate 2003-4: S.3962 - Passed the 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.