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A09874 Summary:

BILL NOA09874
 
SAME ASSAME AS S08261
 
SPONSORDinowitz
 
COSPNSR
 
MLTSPNSR
 
Amd §156.25, Pen L
 
Adds that a person is guilty of computer tampering in the third degree when a person intentionally enters or alters in any manner or destroys 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.
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A09874 Actions:

BILL NOA09874
 
04/19/2022referred to codes
05/23/2022reported referred to rules
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A09874 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9874
 
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 computer tampering in the third degree when an individual intentionally enters or alters in any manner or destroys computer material indicating that a person did or did not receive a vaccination that is reported to the NY State Immunization registry or the NY City Immunization 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: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A09874 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9874
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        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 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, and subdivisions 4 and 5 as amended by chapter 784 of the  laws
     4  of 2021, is amended to read as follows:
     5  § 156.25 Computer tampering in the third degree.
     6    A  person is guilty of computer tampering in the third degree when [he
     7  commits] they commit the crime  of  computer  tampering  in  the  fourth
     8  degree and:
     9    1.  [he does] they do so with an intent to commit or attempt to commit
    10  or further the commission of any felony; or
    11    2. [he has] they have been previously convicted  of  any  crime  under
    12  this article or subdivision eleven of section 165.15 of this chapter; or
    13    3.  [he] they intentionally [alters] alter in any manner or [destroys]
    14  destroy computer material; or
    15    4. [he] they intentionally [alters] alter in any manner or  [destroys]
    16  destroy computer data or a computer program so as to cause damages in an
    17  aggregate amount exceeding one thousand dollars; or
    18    5.  [he] they intentionally [alters] alter in any manner or [destroys]
    19  destroy computer material indicating  that  a  person  did  or  did  not
    20  receive a vaccination against COVID-19; or
    21    6. they intentionally enter or alter in any manner or destroy computer
    22  material  indicating  that a person did or did not receive a vaccination
    23  that is reported to the New York state immunization  information  system
    24  or the New York city immunization registry.
    25    Computer tampering in the third degree is a class E felony.
    26    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14547-02-2
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