STATE OF NEW YORK
2021-2022 Regular Sessions
March 10, 2021
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the penal law, in relation to making the falsification
of COVID-19 vaccination records a crime
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 170.00 of the penal law, as
2 amended by chapter 514 of the laws of 1986, is amended to read as
4 1. "Written instrument" means any instrument or article, including
5 computer data or a computer program, containing written or printed
6 matter or the equivalent thereof, used for the purpose of reciting,
7 embodying, conveying or recording information, or constituting a symbol
8 or evidence of value, right, privilege or identification, which is capa-
9 ble of being used to the advantage or disadvantage of some person. For
10 the purposes of this article, a card provided to a person by a vaccine
11 provider indicating the date a person received a vaccination against
12 COVID-19 as well as the type of vaccine and its lot number shall be
13 considered a written instrument.
14 § 2. Section 156.25 of the penal law, as amended by chapter 89 of the
15 laws of 1993, subdivision 2 as amended by chapter 376 of the laws of
16 1997, is amended to read as follows:
17 § 156.25 Computer tampering in the third degree.
18 A person is guilty of computer tampering in the third degree when he
19 or she commits the crime of computer tampering in the fourth degree and:
20 1. he or she does so with an intent to commit or attempt to commit or
21 further the commission of any felony; or
22 2. he or she has been previously convicted of any crime under this
23 article or subdivision eleven of section 165.15 of this chapter; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 6151--A 2
1 3. he or she intentionally alters in any manner or destroys computer
2 material; or
3 4. he or she intentionally alters in any manner or destroys computer
4 data or a computer program so as to cause damages in an aggregate amount
5 exceeding one thousand dollars; or
6 5. he or she intentionally alters in any manner or destroys computer
7 material indicating that a person did or did not receive a vaccination
8 against COVID-19.
9 Computer tampering in the third degree is a class E felony.
10 § 3. This act shall take effect immediately.