What's happening
This bill makes it a felony to knowingly file a false lien or encumbrance against public officials or employees.
Why it matters
Expands protections for public officials and employees. by specifically targeting false liens or encumbrances filed against their property, which are sometimes used as a form of harassment or retaliation for actions taken in their official capacity.
Criminalizes a tactic often used in "paper terrorism,". where individuals file fraudulent claims or liens to burden, intimidate, or disrupt the lives and work of government workers, judges, or law enforcement officials.
Aims to deter attempts to manipulate or undermine public administration. by making it a felony to knowingly make such filings, thereby protecting public servants from legal and financial abuse that could otherwise discourage them from performing their duties.
Clarifies and strengthens existing law. by adding specific language related to false liens and encumbrances, closing potential loopholes and ensuring more effective prosecution of those who attempt to misuse legal filings for malicious purposes.
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Who cares
Headline styles
Felony for False Liens
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3902
2019-2020 Regular Sessions
IN SENATE
February 21, 2019
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed 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
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01642-01-9
S. 3902 2
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.
Sponsor's memo
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 2. 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 fraudu- lent 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 partic- ularly 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 2015-16 - S.1558/A.4365 - CODES/Codes 2017-18 - S.3707/A.4498 - CODES/Codes
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.