New York Criminal Defense Lawyer Blog

New York Governor David A. Paterson has signed a bill into law that creates the “Piracy Protection Act”. The “Piracy Protection Act” establishes the crimes of unlawful operation of a recording device in a motion picture or live theater in the first degree, second degree and third degree.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the third degree if they operate a recording device in such a theater without authority or written permission from the operator. Unlawful operation of a recording device in motion picture or live theater is a violation.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator for financial profit or commercial purposes. [Penal Law § 275.32(1)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and the material recorded is fifteen minutes or longer. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator and a substantial portion of a motion picture or theatrical performance is recorded. [Penal Law § 275.32(2)] A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the second degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the first or third degree within the last five years. [Penal Law § 275.32(3)] Unlawful operation of a recording device in a motion picture or live theater in the second degree is a class A misdemeanor.

A person commits the crime of unlawful operation of a recording device in a motion picture or live theater in the first degree if they operate a recording device in such a theater without authority or written permission from the operator after having been convicted of unlawful operation of a recording device in motion picture or live theater in the second degree within the last ten years. [Penal Law § 275.34(1)] Unlawful operation of a recording device in a motion picture or live theater in the first degree is a class E felony.

The purpose of the new law is to protect valuable jobs, the state’s economy and important tax revenue that are threatened by criminal enterprises that engage in making and selling counterfeits worldwide. Senator Padavan and Assemblyman Lentol sponsored the bill. New York State Governor Paterson signed the bill into law on October 10, 2008. The “Piracy Protection Act” will take effect on October 26, 2008.

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New York Governor David A. Patterson has signed a bill into law that amends the social services law and domestic relations law with respect to certification and approval of foster and adoptive parents convicted of certain crimes. A person convicted of an enumerated crime can no longer be approved to be an adoptive or foster parent. This is now true even if that person can demonstrate that denial of their application creates a substantial risk of harm to the physical and mental well being of the child, approval of the application would not place the child’s safety in jeopardy and approval of the application would be in the best interest of the child. The enumerated crimes can be found in Social Security Law § 378-a (2)(e)(1). The purpose of the new law is to guarantee continued federal funding under Title IV-E of the Federal Social Security Act. Senator Kruger and Assemblyman Titus sponsored the bill. The senate bill number is S.7449 and the assembly bill number is A.10803. Governor Paterson signed the bill into law on September 25, 2008 and the new law took effect October 1, 2008.

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New York Governor David A. Paterson has signed a bill into law amending Article 156 of the Penal Law that addresses offenses involving computers. The new law makes it a D felony to alter or destroy computer records of an individual’s medical history or treatment if that individual because of having his or her records altered or destroyed suffers serious physical injury. [Penal Law § 156.26(2)] The new law also makes it a class B Misdemeanor to unlawfully reproduce or duplicate in any manner an individual’s medical history or treatment records with intent to commit any Penal Law crime. [Penal Law § 156.29] The new law also changes the title of Penal Law §156.30 from “Unlawful Duplication of Computer Related Material” to “Unlawful Duplication of Computer Material in The First Degree”. The new law also makes it a defense to a violation of Penal Law §§ 156.29 and 156.30 that the defendant had reasonable grounds to believe that he or she had the right to copy, reproduce or duplicate in any manner the computer data or the computer program. The purpose of the bill is to keep the law up to date with the computer age. Senator Volker and Assemblyman Rosenthal sponsored the bill. The Assembly bill number is A11657 and the Senate bill number is S.7695. Governor Paterson signed the bill into law on September 25, 2008. The new law takes effect November 1, 2008.

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New York State Governor David A. Paterson has signed a bill into law authorizing the manager of a child protective unit or a person with a background in law enforcement designated by the commissioner of the local social services district to review the criminal record of any adult residing with a suspected abused, neglected or maltreated child. The purpose of the statute is to protect CPS workers from violent criminals, allow identification of individuals with a history of committing crimes against children and assist CPS workers in evaluating a child’s situation. The new law can be found in executive law § 835(9) and social services law §424 (6). Assemblyman Robach and Senator Mayersohn sponsored the bill. The senate bill number is S. 2978-A and the assembly bill number is A.4425. Governor Paterson signed on September 25, 2008. The law is effective immediately.

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New York Governor David A. Paterson has signed a bill into law related to suspension periods for reckless operation of a boat and operating a boat under the influence of drugs or alcohol. A judge may now suspend a person’s privilege to operate a boat for at least three months but less than twelve months upon a conviction of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months upon being convicted of reckless operation of a boat within eighteen months of having been previously convicted of reckless operation of a boat. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for twelve months if they have been convicted of reckless operation of a boat after having been convicted of reckless operation of a boat on two previous occasions within the last eighteen months. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months if they are convicted of operating a boat while under the influence of drugs or alcohol. A judge must now suspend a person’s privilege to operate a boat and may suspend their boat registration for at least six months but less than twelve months for a third speeding while boating conviction within eighteen months or for any other boating misdemeanor conviction. The judge in imposing such suspensions may consider the seriousness of the offense and may require the suspension be in effect during a portion of the present or next boating season. The new laws can be found in Section 45 and 49-a of the navigation law. Senator DeFrancisco and Assemblyman Schimminger sponsored the bill. The senate bill number is S.1823 and assembly bill number is A.3143. Governor Paterson signed the bill on September 25, 2008. The new law took effect immediately.

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New York Governor David A. Paterson signed a bill into law that compels courts before issuing orders of custody or visitation to review decisions in child protective proceedings, orders of protection, warrants of arrest and sex offender registries with respect to any person seeking custody or visitation. If the court issues a temporary emergency order of custody or visitation without having been able to first review such decisions, warrants, orders or registries, it must review them within twenty- four hours of issuing the order. The court is to disclose the results of the review to associated legal counsel. The new law is in section 240 of the domestic relations law. The assembly bill number is A11657 and the senate bill number is S8569. Governor Paterson signed the bill on September 25, 2008.The new law will take effect January 23, 2009.

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New York Governor David A. Paterson has signed a bill into law that requires the chairman of the state board of parole to establish guidelines and procedures related to sanctioning residences of level two and three sex offenders. The new rules and regulations are to require the division of parole to consider specific factors when investigating and approving the residence of level two and three sex offenders released on presumptive release, parole, conditional release or post-release supervision. The factors to be considered include: whether there is a concentration of sex offenders in a certain residential area or municipality; the number of sex offenders residing at a particular property; proximity of entities with vulnerable populations; accessibility to family members, friends and other supportive services; and availability of permanent, stable housing. [ Executive Law §259(5)] The purpose of the bill is to reduce the risk to public safety created by high concentrations of sex offenders in certain residential areas. Senator Flanagan and Assemblyman Eddington sponsored the bill. The assembly bill number is A. 2385. The senate bill number is S.8035. Governor Paterson signed the bill on September 25, 2008. The new law takes effect January 23, 2009.

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New York Governor David A. Paterson recently signed a bill into law expanding the powers granted to appointed private college campus security officers by amending education law § 6435. Appointed private college campus security officers now have the additional authority to: issue appearance tickets pursuant to criminal procedure law §150(3); issue uniform appearance tickets pursuant to article twenty-seven of the parks, recreation and historic preservation law; issue simplified traffic information pursuant to criminal procedure law §100.25 and vehicle and traffic law § 207; issue a uniform navigation summons and/or complaint pursuant to navigation law §19; and issue uniform appearance tickets pursuant to article seventy-one environmental conservation law. [Education law § 6435(1)(e)(f) and (g)] Appointed private college campus security officers can now also seize alcoholic beverages if they observe a person under twenty-one years old openly in possession of an alcoholic beverage with intent to consume it. [Education law § 6435(1)(i)]. The bill was drafted and passed to put appointed private college campus security officers on par with state university guards. Senator LaValle and Assemblyman Lentol sponsored the bill. The senate bill number is S.6949 and the assembly bill number is A. 9271. The new law takes effect immediately.

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New York Governor David A. Paterson has signed a bill into law amending the Penal Law in relation to the criminal mischief statutes by adding a new section 145.13. The new law makes it a crime for person to damage their own property if they do not have the consent of a joint or co-owner of the property to damage it. Senator DeFrancisco sponsored the bill in the New York Senate. Assemblyman Weinstein sponsored the bill in the New York Assembly. The senate bill number is S.2061. The assembly bill number is A.6308. The new law will take effect November 1, 2008.

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New York Governor David A. Patterson has signed a bill into law amending Penal Law § 240.21 and Civil Rights Law § 79-making it a misdemeanor for a person to purposely create a disturbance at a funeral, burial or memorial service. It also empowers the attorney general and local prosecutors to apply for an injunction to stop any person or group from purposely creating a disturbance at a funeral, burial or memorial service in violation of Penal Law § 240.21. This new law was drafted and passed in response to a string of insensitive protests that have recently occurred at military funerals across the United States. Assemblyman Cusick and Senator Defranisco sponsored the bill. The Assembly bill number is A.2385. The Senate bill number is S.56-B. The new law is to take effect immediately.

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New York Governor David A. Paterson has signed a bill into law amending Criminal Procedure Law § 720.15(1). The amendment authorizes criminal courts to seal an accusatory instrument filed against an eligible youthful offender automatically. This amendment eliminates any requirement for a formal application to seal the record of the accusatory instrument by permitting the court to seal the accusatory instrument sua sponte at arraignment. Automatic sealing of the accusatory instrument will help protect eligible youthful offenders from the stigma associated with alleged criminal conduct. Assemblyman O’Donnell and Senator Volker sponsored the bill. The senate bill number is S7124. The assembly bill number is A10502. The amendment is scheduled to take effect January 1, 2009 and apply to every action or proceeding commenced on or after that date.

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New York Governor David A. Paterson has vetoed forty-nine bills including a bill aimed at amending Penal Law §260.21 with respect to unlawfully dealing with a child in the second degree. The amendment was to limit the application of §260.21 of the Penal Law to premises where liquor is sold.

Penal Law §260.21 reads in relevant part as follows:

“A person is guilty of unlawfully dealing with a child in the second degree when:

(d) The establishment is closed to the public for a specified period of time to conduct an activity or entertainment, during which the child is in or remains in such establishment, and no alcoholic beverages are sold, served, given away or consumed at such establishment during such period. The state liquor authority shall be notified in writing by the licensee of such establishment, of the intended closing of such establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing; …”

The amendment was drafted because Penal Law §260.21 makes it a crime for the operator of any business licensed to sell alcoholic beverages to permit an unaccompanied child under the age of 16 to enter the premises. Thus, any operator of business that allows an unaccompanied child under the age 16 to walk into a neighborhood store, supermarket or convenience store that sells beer commits a crime. For example, the owner of a Mobile Mart who sells beer is guilty of crime if he or she allows a minor under the age of 16 to simply enter his store to buy a pack of gum if that minor is not accompanied by an adult.

The proposed amendment was to change the law to read in relevant part as follows:

“A person is guilty of unlawfully dealing with a child in the second degree when:

1. Being an owner, lessee, manager or employee of a place where liquor is sold or given away, he or she permits a child less than sixteen years old to enter or remain in such place unless: …”

The amendment was drafted to narrow the application of the law by limiting the scope of the statute to only those businesses that sell liquor as opposed to all alcoholic beverages. Assemblyman Schimminger and Senator Winner sponsored the bill. The Assembly bill number is A11056. The Senate bill number is S. 7852

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New York State Governor David A. Paterson recently signed a bill into law that adds a new subdivision 4 to §190.25 of the penal law making internet impersonation a crime.

Under the new law any person who impersonates another by internet or electronic communication shall be guilty of a class A misdemeanor if they do so with the intention to obtain a benefit or defraud another, or if they pretend to be a public servant in such communication with the intent to persuade another to yield to them or take action.

The new law shall read in pertinent part as follows:

“A person is guilty of criminal impersonation in the second degree when he: . . .

4. Impersonates another by communication by internet website or electronic means with intent to obtain a benefit or injure or defraud another, or by such communication pretends to be a public servant in order to induce another to submit to such authority or act in reliance on such pretence. “

The new law was enacted to combat the growing problem of internet impersonation. The bill was sponsored by Senator Lanza and Assemblyman Lentol. The senate bill number is S0453. The assembly bill number is A8252. The new law will take effect on November 1, 2008.

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New York State Governor David A. Paterson recently signed a bill that amends Agriculture and Markets Law §351 by adding a subdivision 5. The new law sets penalties for anyone who is knowingly present as a spectator at any location where an exhibition of animal fighting is taking place.

A first offense is a violation punishable by a fine of up to five hundred dollars. A second conviction within five years is a misdemeanor punishable by up to one year in jail and/or by a fine of up to one-thousand dollars.

Until now, a person could go to an animal fight in New York without being subject to any penalties so long as they did not pay any entrance fee or place any bets on the fight. This new law makes it a offense for anyone to simply be at an animal fight. The new law was drafted in response to headlines stemming from former Atlanta Falcons quarterback Michael Vick's involvement with dog fighting.

The bill had multiple sponsors in the Senate and Assembly. The senate bill number is S06466. The assembly bill number is A10093. This law is to take effect immediately.

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New York Penal Law §65.35 has been amended to increase the cost of mandatory surcharges and crime victim assistance fees. The mandatory surcharge in felony cases under the penal law is being raised from two hundred and fifty dollars up to three hundred dollars. The mandatory surcharge in misdemeanor cases under the penal law is being raised from one hundred forty dollars up to one hundred seventy-five dollars. The mandatory surcharge in violation cases under the penal law is being raised from seventy-five dollars up to ninety-five dollars. The crime victim assistance fee in all such cases is being raised from twenty dollars up to twenty-five dollars.

New York Vehicle and Traffic Law §1809 has also been amended to increase the cost of certain mandatory surcharges and crime victim fees. The crime victim assistance fee in felony and misdemeanor drinking and driving law cases is being increased from twenty dollars up to twenty-five dollars. [VTL §1809(1)(b)] The mandatory surcharge in felony drinking and driving cases is being raised from two hundred and fifty dollars up to three hundred dollars. [VTL §1809(b)(i) The mandatory surcharge in misdemeanor drinking and driving cases is being raised from one hundred forty dollars up to one hundred seventy-five dollars. [VTL § 1809(b)(ii)] The additional surcharge collected in drinking and driving cases on behalf of the state comptroller has been increased from twenty-five dollars up to one hundred ninety-five dollars. [VTL§§1809-c and1809-e (b)] The mandatory surcharge in certain other vehicle and traffic law cases has been increased from forty-five dollars up to fifty-five dollars. [VTL §1809(1)(c)] There is also now an additional surcharge for those certain other vehicle and traffic law cases of twenty dollars collected on behalf of the state comptroller. [ VTL§ 1809-e (a). ] The crime victim assistance fee in those other vehicle and traffic law cases is still five dollars. [VTL§ 1809(1)(c)] The town and village fee is also still five dollars. [VTL§1809(9)] The surcharge for equipment violations is still thirty dollars. [VTL§ 1809(1)(a)]. The additional mandatory surcharge for violations of maximum speed limits in highway construction or maintenace work areas is still fifty dollars. [ VTL §1809-d]

All of the above amendments will take effect July 1, 2008 except the increase in the additional sucharge collected on behalf of the state comptroller which will take effect August 1, 2008. [VTL §1809 and 1809-e] The senate bill number is S06806C. The assembly bill number is A09806C.

A copy of a memo from the State of New York Office of the State Comptroller to Town and Village Justices and Court Clerks regarding the new mandatory surcharges and Fees can Be found at: http://www.osc.state.ny.us/localgov/finreporting/jcef/070908.pdf

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Any person after October 31, 2008 who etches, paints, draws or otherwise places or displays a noose on any private or public building or other real property without the express permission of the owner or operator of such building or real property with the intent to harass, annoy, threaten or alarm another person because of a belief or perception regarding such person’s race, color, national origin, gender, religion, religious practice, age disability or sexual orientation shall be guilty of the crime of aggravated harassment in the first degree. Aggravated harassment in the first degree is a E-Felony punishable by up to four years in prison. [PL§240.31 ] The bill was sponsored by Senator Skelos (S6499) and Assemblyman Lentol (A9480) . Governor David A. Paterson announced he signed the bill into law on May 15, 2008. The bill was drafted in response to the Jena Six incident.

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On May 14, 2008, the governor of New York-David A. Paterson- announced he signed the Electronic Security and Targeting of Online Predators Act (e-STOP) sponsored by Senator Dean Skelos (S06875) and Assemblyman Joseph Lentol (A09859) . This new law: (1) requires convicted sex offenders to register their internet screen names with the Sex Offender Registry; (2) allows social networking web-sites -like Face Book and My Space- to obtain those screen names in order to prohibit those account holders from entering web-sites on which they could contact children; and (3) prohibits convicted sex offenders who are on probation, conditional discharge or parole from using the internet to contact children. A person listed on the Sex Offender Registry who fails to register any Internet or email account used for the purpose of online chatting, instant messaging or social networking or fails to timely notify the state that they have changed their e-mail address or created a new on-line profile is guilty of a felony. The new law applies to all past and future individuals listed on the Sex Offender Registry and takes effect immediately.

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As of May 18, 2008, a person is guilty of assault in the second degree if he or she intentionally causes physical injury to another person who is more than ten years their senior and who is age sixty-five years or older. Assault in the second degree is a class D violent felony that is punishable by up to seven years in prison. [PL§§120.05;70.02(1)(c); 70.02(3)(c)] The bill was sponsored by New York State Senator Golden (S06979) and New York State Assemblyman Silver (A9818) . New York State Governor David A. Paterson announced the bill was signed on May 2, 2008. The law was passed in response to last years savage beatings of 101 year old Rose Morat and 85 year old Solange Elizee of Queens, New York. The law is known as “ Granny’s Law”.

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