Adds that a person is guilty of computer tampering in the third degree when they intentionally enter or alter in any manner or destroy computer material indicating that a person did or did not receive a vaccination that is reported to the New York state immunization information system or the New York city immunization registry.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3359
SPONSOR: Dinowitz TITLE OF BILL:
An act to amend the penal law, in relation to the crime of computer
tampering in the third degree
PURPOSE:
This legislation adds specific language to computer tampering in the
third degree to cover instances when an individual enters, alters, or
destroys computer materials related to the New York State and New York
City immunization registry.
SUMMARY OF PROVISIONS:
Section one of the bill amends § 156.25 of the penal law to add to the
crime of computer tampering in the third degree when an individual
intentionally enters or alters in any manner or destroys computer mate-
rial indicating that a person did or did not receive a vaccination that
is reported to the NY State Immunization registry or the NY City Immuni-
zation Registry.
Section two of the bill provides the effective date.
JUSTIFICATION:
Chapter 784 of the laws of 2021 added specific language to computer
tampering in the third degree as it relates to COVID-19 vaccination
records. Recently two Long Island nurses were accused of profiting to
the amount of $1.5 million in selling fake vaccine cards that were
entered into the state registry. This incredible amount of money shows
how widespread and pervasive this is. It is reasonable and well-founded
that this was not a new endeavor for these individuals, and that they,
or others, have likely faked non-COVID-19 vaccines records. This legis-
lation seeks to ensure that these individuals, who would purposely lie
to the system and input false records of other vaccines, be clearly able
to be charged under the same section of law.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.2183 - Third Reading Calendar / S.6731 - Codes
2022: A.9874 - Rules / S.8261 (Kaplan) - Third Calendar Reading
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
3359
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. DINOWITZ, COLTON, SHIMSKY, GLICK, SIMON, TAPIA --
read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the crime of computer
tampering in the third degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 156.25 of the penal law, as amended by chapter 89
2 of the laws of 1993, subdivision 2 as amended by chapter 376 of the laws
3 of 1997, subdivision 4 as amended by chapter 784 of the laws of 2021,
4 and subdivision 5 as amended by chapter 24 of the laws of 2022, is
5 amended to read as follows:
6 § 156.25 Computer tampering in the third degree.
7 A person is guilty of computer tampering in the third degree when [he
8 commits] they commit the crime of computer tampering in the fourth
9 degree and:
10 1. [he does] they do so with an intent to commit or attempt to commit
11 or further the commission of any felony; or
12 2. [he has] they have been previously convicted of any crime under
13 this article or subdivision eleven of section 165.15 of this chapter; or
14 3. [he] they intentionally [alters] alter in any manner or [destroys]
15 destroy computer material; or
16 4. [he] they intentionally [alters] alter in any manner or [destroys]
17 destroy computer data or a computer program so as to cause damages in an
18 aggregate amount exceeding one thousand dollars; or
19 5. [he] they intentionally [enters or alters] enter or alter in any
20 manner or [destroys] destroy computer material indicating that a person
21 did or did not receive a vaccination against COVID-19; or
22 6. they intentionally enter or alter in any manner or destroy computer
23 material indicating that a person did or did not receive a vaccination
24 that is reported to the New York state immunization information system
25 or the New York city immunization registry.
26 Computer tampering in the third degree is a class E felony.
27 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07234-01-5
