New York Assembly Bill A05498

New York 2025-2026 Regular Session

• Introduced: 2/14/25
• Refer: 2/14/25
• Refer: 1/7/26

Caption

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.

Summary

This bill would create a new crime called “criminal use of public records” in the Penal Law. A person would commit this offense if they intentionally obtain a public record through the process provided under the Public Officers Law and then attempt to use it, or use it, in the course of, in furtherance of, or as an instrumentality of a crime. The bill defines “record” by reference to the Freedom of Information Law definition in the Public Officers Law. The offense would be classified as a class E felony. In practical terms, the bill is aimed at deterring people from using lawfully obtained government records for unlawful purposes, such as facilitating fraud, identity-related crimes, harassment, or other criminal conduct. The bill would take effect on November 1 after enactment.

Impact

The bill would amend the Penal Law by adding two new sections, creating a standalone felony offense tied to the misuse of public records obtained through New York’s public records access process. It would not change the Public Officers Law’s disclosure rules themselves, but it would add criminal liability for certain downstream uses of records once obtained. The measure could affect individuals who request or receive public records, as well as prosecutors seeking to charge conduct involving records used to commit other crimes.

Sentiment

The available voting history suggests the bill received some support but also meaningful hesitation: the Assembly Codes Committee vote was 16-6, and the bill was held for consideration rather than advanced immediately. With no transcript available, there is no detailed debate record here, but the committee result indicates the concept was viewed as serious enough to keep under review while not yet generating consensus. Overall, the sentiment appears cautious and mixed, with support for addressing misuse of public records balanced against concerns that may have led to the hold.

Contention

The main point of contention is likely the breadth and necessity of creating a new felony for conduct that may already be prosecutable under existing criminal statutes, especially where the underlying crime is separately chargeable. Another likely issue is whether the bill could chill legitimate public-records requests or create ambiguity around what counts as using a record “in furtherance” of a crime. Supporters would likely emphasize preventing misuse of government records for criminal schemes, while skeptics may question overlap with existing law and the potential for overcriminalization.