Division of Criminal Justice Services

Coded Law File

Law File Changes- November 05,  2008

Note:   Laws added to the file since the last posting on March 25, 2008 begin with relative address/law ordinal 7831.  The changes/corrections noted below have been made to existing laws.

Legislation: Major legislative initiatives include the following.  (Note: This is not a comprehensive list of every bill which has been enacted this session.)

Chapter 68 of the Laws of 2008 (A9818, S6979) adds a new subdivision 12 to PL 120.05 to increase from a misdemeanor to a felony the intentional assault on a person age sixty-five or older.

Chapter 74 of the Laws of 2008 (A9480, S6499) amends section 240.31 of the penal law (Aggravated Harassment) by adding a new subdivision 5 which makes it a crime to etch, paint, draw upon or otherwise place or display a noose on any building or other real property without express permission of the owner or operator.

Chapter 226 of the Laws of 2008 (A11058, S01829) creates PL 190.80-A, aggravated identity theft, and relates to unlawful possession of personal identification information of a member of the armed services.

Chapter 279 of the Laws of 2008 (S8376-A) relates to identity theft, protection of sensitive personal information, employee personal identifying information, and creates new crimes in the penal law: unlawful possession of a skimmer device in the first and second degrees.

Chapter 291 of the Laws of 2008 (A9813, S7942) amends section 190.65 of the penal law, effective Sept 19, by making it a felony to engage in a scheme to defraud more than one vulnerable elderly person.

Chapter 304 of the Laws of 2008 (A8252, S4053) amends section 190.25 of the penal law by adding a new subdivision 4 which makes it a crime to impersonate another person by communication, internet website or electronic means, with intention to obtain a benefit or injure or defraud another, or by such communication pretend to be a public servant.

Chapter 405 of the Laws of 2008 (A8488-A) creates a new crime in the penal law, PL 120.70,  luring a child.

Chapter 431 of the Laws of 2008 creates the crime of facilitating a sexual performance of a child with a controlled substance or alcohol, PL 263.30.

Chapter 434 of the Laws of 2008 (S3079-A) amends PL 190.26 subdivision 1 to expand the scope of Criminal Impersonation 1st to include impersonation of a federal law enforcement officer.

Chapter 472 of the Laws of 2008 (A10817-A, S08143) creates new crimes in the penal law:  residential mortgage fraud in the first, second, third, fourth and fifth degrees.  (It also amends the Real Property Law, Banking Law, Criminal Procedure Law and the General Obligations Law.)

Chapter 590 of the Laws of 2008 creates the crime of unlawful duplication of computer related material in the second degree, PL 156.29, and amends 156.30 to unlawful duplication of computer related material in the first degree.  It also adds a new subdivision 2 to PL 156.26, computer tampering.

Law File Changes:

A repeal date was added to ordinals 2025, 2105- 2114, 2644, 3978, 4008, 4009, 4445, 4790-4792, 5558, 5598, 5599, 5971, 6116, 6182 - 6191, 6471, 6791, 6796, 6801, 6807, 6812, 6816, 6924, 6925, 6928, 6929, 7301, 7425, 7426, 7459 - 7461, 7630, 7640 and 7788.

Also, the following ECL regulations were repealed and invalidated, as they are not part of the consolidated laws of NYS and should not have been added to the coded file: 4549-4550, 4552-4554, 4556- 4594, 4597- 4623, 4650- 4680, 4682- 4691, 4694- 4701.

The section on ECL laws with ordinals from 4834 to 4843 was changed from a format starting with “V” to the number “10.”

The literals were modified on ordinal 5929 (oracle only).

The hate crime value was changed on ordinals 3981, 7425 and 7426.

The JD indicator was changed on ordinal 7797.

The UCR code was changed on ordinals 6085, 6153 and 6489 from 22 to 37.

Archive of Changes:

Law File Changes - March 2008

Law File Changes - September 2007

Law File Changes - April 2007

Law File Changes - February 2007

Law File Changes - November 2006

Law File Changes- July 2006

Law File Changes- January 2006

Law File Changes- July 13, 2005

Law File Changes- February 28, 2005

Law File Changes- February 1, 2005

Law File Changes- October 2004

Law File Changes- February 2004

Law File Changes- October 2003

Law File Changes- August 2003

Law File Changes- June 2003

Law File Changes- April 2003

Law File Changes- January 2003

Law File Changes- November 2002

Law file Changes - Anti-Terrorism Legislation of 2001

Law File Changes - Hate Crimes Act of 2000