What's happening
This bill makes it a felony to knowingly file false liens or encumbrances against public officers or employees.
Why it matters
Protects public officials and employees from harassment and intimidation. by criminalizing the act of filing false liens or encumbrances against their property, which can be used as a tool for retaliation or coercion.
Closes a legal loophole. by specifically addressing false filings in both public and private records that are accessible to the general public, ensuring broader protection regardless of where the fraudulent document is submitted.
Raises the stakes for offenders. by making the knowing filing of such false claims a felony offense, which may serve as a deterrent against attempts to interfere with or punish public servants for performing their official duties.
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Who cares
Public officers and public employees
The bill would make knowingly filing false liens or encumbrances against their property because of their official duties, or to harass, intimidate or influence them, a class E felony.
Prosecutors
The bill would add a basis for first-degree false-filing charges covering false liens or encumbrances in public records or private records generally available to the public.
Judges and state and local officers
The bill would extend beyond the existing provision for retaliatory financing statements to cover other false liens or encumbrances against their real or personal property.
Headline styles
Felony for Fake Liens
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- 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.
Felony for False Liens
In Senate Committee · Codes · Sponsor Michael H. Ranzenhofer
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4498
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
Introduced by M. of A. SCHIMMINGER, MAGNARELLI, MONTESANO -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, COOK -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to filing false liens against public officers or public employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 175.35 of the penal law, as amended by chapter 490 of the laws of 2013, is amended to read as follows: § 175.35 Offering a false instrument for filing in the first degree.
A person is guilty of offering a false instrument for filing in the first degree when:
1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation; or
2. (a) he or she commits the crime of offering a false instrument for filing in the second degree; and
(b) such instrument is a financing statement the contents of which are prescribed by section 9--502 of the uniform commercial code, the collateral asserted to be covered in such statement is the property of a person who is a state or local officer as defined by section two of the public officers law or who otherwise is a judge or justice of the unified court system, such financing statement does not relate to an actual transaction, and he or she filed such financing statement in retaliation for the performance of official duties by such person[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07953-01-7
A. 4498 2
3. he or she knowingly files a false lien or encumbrance in a public record or private record that is generally available to the public against the real or personal property of a public officer or public employee on account of the performance of such public officer's or public employee's official duties, or with the intent to harass, intimidate or otherwise attempt to affect the actions of the public official or public employee, knowing or having reason to know that such lien or encumbrance is false or contains materially false, fictitious, or fraudulent statements or representations.
Offering a false instrument for filing in the first degree is a class E felony.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.