Establishes the class E felony of criminal use of public records for the intentional use of any public record in the course of or in furtherance of the commission of a crime.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5498
SPONSOR: Brook-Krasny TITLE OF BILL:
An act to amend the penal law, in relation to criminal use of public
records
PURPOSE:
To create a new category of crime for the use of government documents
for the purpose of advancing criminal activity.
SUMMARY OF PROVISIONS:
Section one amends the penal law by adding two new sections; 240.77 and
240.79. New section 240.77 defines the term "record" for purposes of new
section 240.79. The term "record" has the same meaning as in public
officers law section 86(4). New section 240.79 provides that it is a
class "E" felony for a person to intentionally obtain records through
the Freedom of Information Law (FOIL) with the intent to use such
records in the commission of a crime and uses or attempts to use such
records as an instrumentality in the commission a crime or in the
commission or furtherance of a crime.
Section two provides the effective date,
EXISTING LAW:
Currently, persons who use records obtained pursuant to FOIL as an
instrumentality in the commission of a crime or in commission of furth-
erance of a crime is not subject to criminal penalties under the penal
law.
JUSTIFICATION:
The Freedom of Information Law (FOIL) is based on the ideal that "a free
society is maintained when government is responsive and responsible to
the public, and when the public is aware of governmental actions." It
was this idea of open access to government documents that has, unfortu-
nately, come under abuse by convicts and others with questionable and/or
harmful motives.
Recently, there has been an increase in instances where unscrupulous
individuals use FOIL to gain personal data on unsuspecting citizens.
The crime of identity theft is more offensive when government documents
are used because the perpetrators are abusing a freedom we all enjoy.
The use of government documents in this manner is unacceptable and
should be prevented.
LEGISLATIVE HISTORY:;
2023-2024, HELD in Codes
2015: A.4046 - Referred to Codes
2013-2014: A.7746 - Referred to Codes/Held in Codes
2011-2012: A. 7025- Referred to Codes
2005-2006: A 3971- Referred to Codes
2003-2004: A. 2593 - Referred to Codes
2001-2002: A. 2473 - Referred to Codes
1999-2000: A. 3355-B - Referred to codes, amended, print number 3355 A,
codes, amended, print number 3355 B
1998: A. 9110, HELD in Codes
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the first day of November next succeeding
the date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
5498
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. BROOK-KRASNY, NOVAKHOV -- read once and referred
to the Committee on Codes
AN ACT to amend the penal law, in relation to criminal use of public
records
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 240.80
2 and 240.81 to read as follows:
3 § 240.80 Criminal use of public records; definition.
4 For the purposes of section 240.81 of this article, "record" shall
5 have the same meaning ascribed to such term by subdivision four of
6 section eighty-six of the public officers law.
7 § 240.81 Criminal use of public records.
8 A person is guilty of criminal use of public records when such person,
9 with the intent to use such record in the commission of a crime, inten-
10 tionally obtains any record through the process provided pursuant to the
11 public officers law and attempts to use or uses such record in the
12 course of, in furtherance of, or as an instrumentality in the commission
13 of a crime.
14 Criminal use of public records is a class E felony.
15 § 2. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09214-01-5
