New York City Council Header
File #: Int 0107-2004    Version: * Name: Create a civil cause of action against those who sell illegal or forged documents.
Type: Introduction Status: Filed
Committee: Committee on Public Safety
On agenda: 2/4/2004
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to creating a civil cause of action against those who sell illegal or forged documents.
Sponsors: Hiram Monserrate, Yvette D. Clarke, Simcha Felder, Alan J. Gerson, Robert Jackson, Allan W. Jennings, Jr., Michael C. Nelson, Domenic M. Recchia, Jr., Kendall Stewart, Peter F. Vallone, Jr., David I. Weprin, Eva S. Moskowitz, Lewis A. Fidler, Letitia James, Philip Reed, James F. Gennaro
Council Member Sponsors: 16
Attachments: 1. Memo In Support

Int. No. 107

 

By Council Members Monserrate, Clarke, Felder, Gerson, Jackson, Jennings, Nelson, Recchia Jr., Stewart, Vallone Jr., Weprin, Moskowitz, Fidler, James, Reed and Gennaro

 

A Local Law to amend the administrative code of the city of New York, in relation to creating a civil cause of action against those who sell illegal or forged documents.

 

Be it enacted by the Council as follows:

 

                     Section One.  Legislative Findings and Intent.  The city recognizes that a large percentage of its residents have been born abroad or are the children of parents who were born abroad.  Unfortunately, this large and growing immigrant community has become a constant target for criminals selling forged or otherwise illegal documents. 

Because of the increased economic burden this crime inflicts upon the city, including the cost of increased policing, and the increased threat these documents pose to our security, the Council hereby finds that, in addition to federal and state penal law penalties already in place, a civil cause of action should be created to address such issues. 

§2. Chapter one of title ten of the administrative code of the city of New York

is hereby amended to create a new section 10-163, to read as follows:

§10-163. Civil Action for Sale of Illegal Documents

a.        Any person who has been convicted under any federal, state or local law

for the sale, or attempt to sell, any false, forged or illegal document or instrument, of any kind, shall be liable to the city for a civil penalty in the amount of not less than five thousand nor more than twenty thousand dollars.  The corporation counsel, upon notification by an appropriate law enforcement agency that such a conviction has occurred, may commence a civil action under this section.

b.  In any civil action brought pursuant to this section, the city may recover, in addition to the amount set forth in subdivision a, the costs of the investigation and prosecution of the person in the criminal action resulting in the conviction.

§3.  This local law shall become effective immediately.