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A06015 Summary:

BILL NOA06015
 
SAME ASSAME AS S00061
 
SPONSORDinowitz
 
COSPNSRGriffin, Galef, Otis
 
MLTSPNSR
 
Amd §190.25, Pen L
 
Relates to impersonating another by using another's electronic signature; makes it a class A misdemeanor.
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A06015 Actions:

BILL NOA06015
 
03/04/2021referred to codes
03/30/2021reported
04/01/2021advanced to third reading cal.218
04/19/2021passed assembly
04/19/2021delivered to senate
04/19/2021REFERRED TO CODES
04/21/2021SUBSTITUTED FOR S61
04/21/20213RD READING CAL.603
04/21/2021PASSED SENATE
04/21/2021RETURNED TO ASSEMBLY
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A06015 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6015
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the penal law, in relation to impersonating another by using another's electronic signature   PURPOSE OR GENERAL IDEA OF BILL: This bill addresses the use of another's electronic signature without consent.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Section 190.25 of the penal law is amended by adding a new 2 subdivision 5 to read as follows: 3 5. Impersonates another by using another's electronic signature with Intent to obtain a benefit or injure or defraud another. For the Purposes of this subdivision, electronic signature shall have the same meaning as set forth in subdivision three of section three hundred two of the state technology law.   JUSTIFICATION: Every day, New Yorkers use electronic signatures to sign documents that are legally binding in the same manner as a hand-written signature would. Whether it is in the line of business or for personal matters, society has become dependent on electronic documents that are reviewed and transmitted via the internet. In many instances, time and distance do not provide access to have documents executed and returned before impending deadlines. To conduct business or facilitate other matters in which an individual may produce an electronic signature with, the inten- tion that it will be used solely for the purpose that it was intended, not for use by another individual attempting to impersonate them. This bill addresses the use of electronic signatures.   PRIOR LEGISLATIVE HISTORY: 2019-2020 - A5345 (Ortiz) refereed to codes/ S1391 refereed to codes 2017-2018 - A7983-A (Ortiz) referred to codes / S1199-A referred to codes; ordered to third reading   FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: None   EFFECTIVE DATE: Immediately
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A06015 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6015
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2021
                                       ___________
 
        Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT  to amend the penal law, in relation to impersonating another by
          using another's electronic signature
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivisions  3 and 4 of section 190.25 of the penal law,
     2  subdivision 3 as amended by chapter 27 of the laws of 1980 and  subdivi-
     3  sion  4  as  added by chapter 304 of the laws of 2008, are amended and a
     4  new subdivision 5 is added to read as follows:
     5    3. (a) Pretends to be a public servant, or wears or  displays  without
     6  authority  any  uniform,  badge,  insignia or facsimile thereof by which
     7  such public servant is lawfully distinguished, or falsely  expresses  by
     8  his  words  or  actions  that  he  is a public servant or is acting with
     9  approval or authority of a public agency or department; and (b) so  acts
    10  with  intent  to  induce  another  to  submit to such pretended official
    11  authority, to solicit funds or to otherwise  cause  another  to  act  in
    12  reliance upon that pretense[.]; or
    13    4.  Impersonates another by communication by internet website or elec-
    14  tronic means with intent to obtain a benefit or injure or defraud anoth-
    15  er, or by such communication pretends to be a public servant in order to
    16  induce another to submit to such authority or act in  reliance  on  such
    17  pretense[.]; or
    18    5.  Impersonates  another  person, without such other person's permis-
    19  sion, by using the other person's electronic signature  with  intent  to
    20  obtain  a  benefit  or  injure  or  defraud  the other person or another
    21  person.   For the purposes of  this  subdivision,  electronic  signature
    22  shall have the same meaning as set forth in subdivision three of section
    23  three hundred two of the state technology law.
    24    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02965-01-1
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