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
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
