NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5169
SPONSOR: Gottfried (MS) TITLE OF BILL: An act to amend the penal law, in relation to includ-
ing certain written false statements within perjury
PURPOSE OR GENERAL IDEA OF BILL: To include making a punishable false
written statement punishable as perjury.
SUMMARY OF SPECIFIC PROVISIONS: Amends Penal Law § 210.00, subdiv. 1,
to expand the definition of "oath" to include making a statement in a
written instrument bearing a legally authorized form notice to that
false statements made therein are punishable.
Amends Penal Law § 210.45, to clarify that making a false written
statement in a written instrument bearing a legally authorized form
notice to the effect that false statements made therein are punishable
(the misdemeanor of "making a punishable false written statement") may
also be deemed to be swearing falsely for purposes of any appropriate
degree of perjury.
EXISTING LAW: Making a punishable false written statement is a misde-
meanor, but is not treated as "swearing falsely," so it cannot be an
element for an otherwise-appropriate felony perjury charge.
JUSTIFICATION: A charge of "perjury" requires a statement under
"oath." This includes swearing, "an affirmation," and "every other mode
authorized by law of attesting to the truth of that which is stated."
Third degree perjury, to swear falsely, is a class A misdemeanor. With
the added elements that the statement be in a written document legally
required to be under oath, be made to mislead a public servant, and be
material to the matter involved, it becomes a class E felony. If it is
material false testimony, it becomes a class D felony.
To avoid the need for notarization in some documents, Penal Law §210.45
creates the misdemeanor of "making a punishable false written state-
ment." However, that section does not refer to "attesting to the truth
of" the statement, and so it cannot be the predicate for a perjury felo-
ny charge.
The legally authorized notice under § 210.45 serves the same function as
an oath to alert the maker of the statement that the statement is seri-
ous, is legally required to be true, and is criminally punishable if
false. Therefore, it ought to have the same consequences as an oath for
purposes of serving as an element of a perjury charge, including an
appropriate felony charge.
Where legally authorized, this will avoid the necessity for notarization
of a written instrument in order to make it a basis for a perjury
charge.
PRIOR LEGISLATIVE HISTORY: 2009-10: A.7009 - referred to Codes
2011-12: A.2156 - referred to Codes
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: January 1 after becomes a law.
